Would we rather due process come before the crime, or after the mass shooting of school children?: Gowdy

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“Sunday Night in America” host Trey Gowdy examined the impact of the bipartisan gun legislation signed into law in the wake of the Uvalde elementary school shooting on his show over the weekend, addressing critics of the bill who argue that red flag laws pose a threat to due process rights.

WHAT IS THE SECOND AMENDMENT

TREY GOWDY: In the aftermath of murdered schoolchildren in Texas, Congress passed legislation designed in part to explore red flag laws. There was opposition with critics saying the law violates due process, which begs the question, what does that term mean?

Due process is not a math equation. It’s not a number or a rigid paradigm. It is a legal standard which ebbs and flows depending on what is at stake. Our Constitution makes it clear, twice in fact, no person can be deprived of life, liberty or property without due process. That also means a person can be deprived of life, liberty and property if due process is given. Due process applies to being passed over for a promotion at work. But there is a big difference in what that due process looks like. When it comes to your life, due process is rigorous as you would expect. 

Due process is different depending on what government is trying to do. The question then becomes what should due process look like if a family member or law enforcement officer credibly believes someone is a threat to themselves or others? Would we rather due process come before the shooting in front of a judge, or would we rather due process come after a mass shooting in a death penalty trial for the murder of schoolchildren? 

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