Latest / Uncensored Objection / [Podcast Episode] Due Process Isn’t a Favor—It’s the Damn Rule

Transcript

[Podcast Episode] Due Process Isn’t a Favor—It’s the Damn Rule · Uncensored Objection

• 0:00
  SPEAKER_01: Okay, imagine this for a second.
• 0:01
  SPEAKER_01: A government that could just,
• 0:02
  SPEAKER_01: well,
• 0:03
  SPEAKER_01: take your home,
• 0:04
  SPEAKER_01: maybe your freedom,
• 0:05
  SPEAKER_01: even your life,
• 0:06
  SPEAKER_01: without following any rules.
• 0:08
  SPEAKER_00: Sounds pretty scary, right?
• 0:09
  SPEAKER_00: Like something from a movie.
• 0:10
  SPEAKER_01: Exactly.
• 0:11
  And that whole idea,
• 0:13
  how we stop that scenario,
• 0:15
  that's what we're really digging into today.
• 0:16
  SPEAKER_00: We're taking a closer look at this article.
• 0:18
  SPEAKER_00: Due process isn't a favor.
• 0:21
  SPEAKER_00: It's the damn rule.
• 0:22
  SPEAKER_01: Yeah, it's from attorney Mitch Jackson's uncensored objection substack.
• 0:26
  He gets into some pretty critical political developments
• 0:30
  happening now in 2025.
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  SPEAKER_00: And given that President Trump is in office,
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  SPEAKER_00: these ideas,
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  SPEAKER_00: these principles feel incredibly relevant.
• 0:37
  SPEAKER_01: Absolutely.
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  So our mission here is to unpack what due process really is
• 0:41
  based on this article
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  SPEAKER_01: and why it matters so much right now.
• 0:45
  SPEAKER_00: Well,
• 0:45
  SPEAKER_00: what's interesting right away is that due process,
• 0:47
  SPEAKER_00: it sounds kind of legalistic,
• 0:49
  SPEAKER_00: doesn't it?
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  SPEAKER_00: Abstract.
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  SPEAKER_00: But it's actually this core promise.
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  SPEAKER_00: It's sort of the bedrock of our whole justice system.
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  SPEAKER_00: It's not just some line in the Constitution.
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  SPEAKER_00: It's this guarantee that the government has to be fair,
• 1:01
  SPEAKER_00: essentially,
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  SPEAKER_00: when it deals with any of us.
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  SPEAKER_00: It's the main check on government power getting out of hand.
• 1:06
  SPEAKER_01: So playing fair, what does that look like in reality?
• 1:10
  SPEAKER_01: What do we talk about when we say due process?
• 1:12
  SPEAKER_00: Basically,
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  SPEAKER_00: it means before the government can take away your life,
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  SPEAKER_00: your liberty or your property,
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  SPEAKER_00: it absolutely must follow set legal procedures,
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  SPEAKER_00: fair rules.
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  SPEAKER_00: That means things like,
• 1:24
  SPEAKER_00: you know,
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  SPEAKER_00: giving you proper notice,
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  a real chance to tell your side of the story and having someone
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  impartial make the decision.
• 1:30
  SPEAKER_00: Right.
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  SPEAKER_00: It's why you can't just be locked up for no reason.
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  SPEAKER_00: Why police need warrants based on evidence.
• 1:35
  SPEAKER_00: Why you get to defend yourself in court.
• 1:38
  SPEAKER_00: It's all about stopping unfair, arbitrary government actions.
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  And the article stresses something important about who gets
• 1:45
  this protection.
• 1:45
  SPEAKER_01: It says it's for all persons in the US, not just citizens.
• 1:49
  SPEAKER_01: Why is that distinction so critical?
• 1:51
  SPEAKER_00: That universality, it's not a loophole or a technicality.
• 1:55
  SPEAKER_00: It's really fundamental to the whole idea of equal justice.
• 1:59
  SPEAKER_01: Makes sense.
• 2:00
  SPEAKER_00: Because think about it.
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  SPEAKER_00: If the government could just decide,
• 2:03
  SPEAKER_00: OK,
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  SPEAKER_00: this group doesn't get due process,
• 2:05
  SPEAKER_00: well,
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  SPEAKER_00: that sets a really dangerous precedent.
• 2:08
  SPEAKER_01: Yeah.
• 2:09
  SPEAKER_01: Where does it stop?
• 2:10
  SPEAKER_00: Exactly.
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  SPEAKER_00: It suggests some people are less deserving of basic fairness.
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  SPEAKER_00: And that opens the door to abuses that could eventually touch anyone.
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  This protection against arbitrary power,
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  it has to apply to everyone to really work.
• 2:24
  The article uses some examples to make this more concrete,
• 2:27
  more real world.
• 2:28
  SPEAKER_01: Can you share one or two of those?
• 2:30
  SPEAKER_00: Yeah, definitely.
• 2:31
  Take the example of a mother maybe fleeing terrible violence
• 2:34
  back home,
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  seeking asylum here.
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  Due process is what guarantees her the right to actually make
• 2:40
  her case in court
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  SPEAKER_00: before someone just decides to deport her back into danger.
• 2:45
  SPEAKER_01: Right.
• 2:45
  SPEAKER_01: A chance to be heard.
• 2:46
  SPEAKER_00: Exactly.
• 2:47
  SPEAKER_00: Or think about someone accused of a crime they didn't commit.
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  SPEAKER_00: Due process gives them the tools,
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  SPEAKER_00: the right to a lawyer,
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  SPEAKER_00: to present evidence,
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  SPEAKER_00: to challenge the prosecution,
• 2:55
  SPEAKER_00: to prove their innocence.
• 2:57
  The article even mentions journalists how due process protects
• 3:00
  them from being
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  SPEAKER_00: jailed just for asking tough questions of people in power.
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  SPEAKER_00: The point is, if due process breaks down for anyone,
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  SPEAKER_00: The whole system starts to crumble for everyone.
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  SPEAKER_01: Now,
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  SPEAKER_01: the article then shifts focus a bit,
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  looking at President Trump and how due process has figured into
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  legal matters he's faced.
• 3:18
  SPEAKER_00: Yes.
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  It points out that in the several significant cases involving
• 3:22
  President Trump,
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  SPEAKER_00: these same principles have been central.
• 3:24
  SPEAKER_01: Like which ones?
• 3:25
  SPEAKER_00: Well, for instance, the investigation related to January 6th.
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  SPEAKER_00: The article notes there were investigations,
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  SPEAKER_00: indictments,
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  SPEAKER_00: the right to have lawyers make defense arguments,
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  SPEAKER_00: you know,
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  SPEAKER_00: all elements of due process.
• 3:35
  SPEAKER_00: Okay.
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  Or the Mar-a-Lago documents case that involved getting a
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  warrant approved by a
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  SPEAKER_00: judge based on evidence presented about,
• 3:43
  SPEAKER_00: well,
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  SPEAKER_00: classified documents being kept improperly.
• 3:45
  SPEAKER_00: Right.
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  SPEAKER_00: I remember that.
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  SPEAKER_00: And then in Georgia,
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  the situation involving alleged pressure on election officials
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  that also went
• 3:51
  SPEAKER_00: through a process.
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  SPEAKER_00: Evidence gathered, presented to grand juries leading to indictments.
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  SPEAKER_00: Due process was followed.
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  SPEAKER_01: And the article draws a contrast with a hypothetical.
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  SPEAKER_00: It does.
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  SPEAKER_00: It asks you to imagine what if,
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  SPEAKER_00: say,
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  SPEAKER_00: President Biden had just pointed at someone and said,
• 4:07
  SPEAKER_00: they're guilty,
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  SPEAKER_00: lock them up with no trial,
• 4:09
  SPEAKER_00: no evidence presented according to rules.
• 4:12
  SPEAKER_00: That would be.
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  SPEAKER_00: The article labels that kind of action as tyranny.
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  SPEAKER_00: And the powerful point it makes is that the very system,
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  SPEAKER_00: the due process that allows anyone,
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  SPEAKER_00: including a former president,
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  to mount a defense is the same system some are accused of
• 4:25
  wanting to weaken for others.
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  SPEAKER_00: It highlights a kind of irony there.
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  Which brings us to the article's concerns about the situation
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  now in 2025 under President Trump.
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  SPEAKER_01: What's the worry?
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  SPEAKER_00: The main concern expressed in the article is this idea that,
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  SPEAKER_00: well,
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  SPEAKER_00: constitutional rules might be getting treated as optional.
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  SPEAKER_01: Optional.
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  SPEAKER_01: How so?
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  SPEAKER_00: It cites reports,
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  SPEAKER_00: for example,
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  of immigrant families maybe being separated without full
• 4:48
  hearings or efforts to
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  SPEAKER_00: deport people before their cases are properly heard in court.
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  It mentions specific cases like Abrego Garcia and Mahmoud
• 4:56
  Khalil as potential
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  SPEAKER_00: examples of procedures being sidestepped.
• 5:00
  SPEAKER_00: And the article really hammers this point.
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  SPEAKER_00: This isn't about politics, left or right.
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  SPEAKER_00: It frames it as a fundamental American issue.
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  SPEAKER_00: The if it can happen to them, it can happen to you kind of idea.
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  SPEAKER_01: And the author seems to suggest this is an accidental,
• 5:15
  SPEAKER_01: that there's an active undermining happening.
• 5:16
  SPEAKER_00: That's definitely the argument being made.
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  SPEAKER_00: The article alleges a pattern,
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  SPEAKER_00: things like attacking judges or the courts,
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  SPEAKER_00: ignoring court orders sometimes,
• 5:25
  SPEAKER_00: or branding people who disagree as enemies or disloyal.
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  The author argues these things seriously weaken the checks and
• 5:32
  balances that are
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  SPEAKER_00: supposed to protect everyone's rights in a democracy.
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  To underscore the importance of protecting rights even when
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  it's difficult,
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  SPEAKER_01: the article brings in Benjamin Franklin.
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  SPEAKER_00: Ah, yes.
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  SPEAKER_00: A very serious quote, Franklin said.
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  It is better that a hundred guilty persons should escape than
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  that one innocent
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  SPEAKER_00: person should suffer.
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  SPEAKER_01: Such a powerful statement.
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  SPEAKER_00: And it wasn't just a clever phrase.
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  It showed this deep understanding about the danger of giving
• 5:57
  the government too
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  SPEAKER_00: much unchecked power.
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  It basically says protecting the innocent has to be the
• 6:02
  absolute top priority,
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  even if it means the system isn't perfect at catching every
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  single guilty person.
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  SPEAKER_00: Because,
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  SPEAKER_00: the thinking goes,
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  a government that can wrongly punish one innocent person could
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  potentially harm anyone.
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  SPEAKER_01: So what does the article say is really on the line here?
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  SPEAKER_01: If due process weakens, what happens?
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  SPEAKER_00: The article uses some strong language.
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  SPEAKER_00: It warns that due process might be hanging by a thread.
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  SPEAKER_00: Wow.
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  And losing it or even just weakening it significantly means
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  losing really basic rights.
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  SPEAKER_00: It changes the fundamental character of the country.
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  SPEAKER_01: What kind of consequences?
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  It talks about the potential for silencing people who disagree
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  with the government.
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  People may be disappearing into detention without explanation,
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  punishment coming before proof.
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  SPEAKER_00: And crucially, it stresses this wouldn't just affect one group.
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  SPEAKER_00: It could impact anybody.
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  SPEAKER_01: And the articles suggest this isn't just theoretical.
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  The author contends that elements of this are happening now
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  under the current Trump
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  administration and that it's causing real long term damage to
• 7:01
  our institutions,
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  SPEAKER_00: how the world sees us,
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  SPEAKER_00: everything.
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  SPEAKER_00: This is where the author, Mitch Jackson, really sounds the alarm.
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  SPEAKER_01: Which really circles back to the main point of his article, doesn't it?
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  SPEAKER_00: It absolutely does.
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  SPEAKER_00: The core message is crystal clear.
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  Due process isn't some kind of optional favor the government
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  hands out when it feels like it.
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  SPEAKER_00: It's a fundamental demand.
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  SPEAKER_00: It's the rule.
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  SPEAKER_00: It's our main shield against government overreach and tyranny.
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  SPEAKER_01: And that Franklin quote again.
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  SPEAKER_00: Worth repeating.
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  It is better that 100 guilty persons should escape than that
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  one innocent person should suffer.
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  SPEAKER_00: It really captures the stakes.
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  SPEAKER_01: So given all this, what's the takeaway?
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  SPEAKER_01: What does the author, Mitch Jackson, want people reading this to do?
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  SPEAKER_00: The call to action in the article is pretty direct.
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  SPEAKER_00: It urges you, the listener, everyone to be engaged.
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  SPEAKER_00: Pay attention.
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  SPEAKER_01: Don't tune it out.
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  SPEAKER_00: Right.
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  SPEAKER_00: Speak up when you see these principles threatened.
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  Show up and really resist this idea that maybe some people are
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  just less deserving
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  SPEAKER_00: of justice than others.
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  SPEAKER_00: It's a call to active citizenship, really.
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  SPEAKER_00: Protecting the system requires vigilance from everyone.
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  SPEAKER_01: This has been a really important discussion,
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  SPEAKER_01: getting into a principle that's just so foundational.
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  SPEAKER_00: It truly is.
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  SPEAKER_01: And if you want to read the full article we've been discussing,
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  SPEAKER_01: due process isn't a favor,
• 8:18
  SPEAKER_01: it's the damn rule.
• 8:19
  SPEAKER_01: Definitely check out Mitch Jackson's Uncensored Objection Substack.
• 8:23
  SPEAKER_00: Yeah, it's worth a read to get his full perspective.
• 8:25
  SPEAKER_01: Absolutely.
• 8:26
  SPEAKER_01: Stop by, subscribe so you get his future pieces.
• 8:29
  Share it if you found this interesting and leave a comment
• 8:32
  there with your own
• 8:33
  SPEAKER_01: thoughts on this whole thing.
• 8:34
  SPEAKER_01: It's a vital conversation.