The Case for Due Process

 

In a previous post, I shared The Daily Show host Trevor Noah’s observation you can both support Black Lives Matter AND be pro-police.  I still believe that.  In fact, my pro-police side was affirmed several times over the weekend following the largely unsuccessful terrorist bombing in the Chelsea neighborhood of New York City.  (NOTE:  Though this is hardly a laughing matter, it did remind me of a segment from the early days of Saturday Night Live titled “Dangerous, But Inept” which profiled among others Gerald Ford’s attempted assassins Lynette “Squeaky” Fromme and Sarah Moore.)

For the three days following the bombing, life again imitated art as the arrest and arraignment of accused bomber Ahmad Khan Rahami could just have easily been episodes of  CSI and Law and Order. Through meticulous detective work and forensics, law enforcement officials quickly identified Rahami as a suspect and issued an all points bulletin which generated a tip as to his whereabouts.  On Monday Morning, Rahami was taken into custody following a gun battle in which one officer and Ramani were injured.  Within 24 hours, Rahami was charged in federal court on several criminal counts including use of weapons of mass destruction and bombing a place of public use.  Additionally, he faces state charges including attempted murder of a law enforcement officer.

This is EXACTLY how our system of criminal justice was designed to work.  Everyone involved from police to prosecutors to first responders who tended to the injured deserve our praise and gratitude.  Now that the primary suspect is in custody, one would hope those appointed to try Ramani for these crimes continue to adhere to constitutional principles.

No one should be surprised that Donald Trump immediately questioned whether Ramani was entitled to medical treatment and due process.  At a Ft. Myers, Florida rally he told his supporters:

But the bad part, now we will give him amazing hospitalization. He will be taken care of by some of the best doctors in the world. He will be given a fully modern and updated hospital room. And he’ll probably even have room service, knowing the way our country is.

And on top of all that, he will be represented by an outstanding lawyer. His case will go through the various court systems for years and, in the end, people will forget and his punishment will not be what it once would have been. (Source: NPR, September 19, 2016)

Contrary to evidence dozens of terror suspects have been tried and convicted in U.S. courts since 9/11, CNN sadly took the bait and raised the question, “Does bombing suspect deserve due process?”  Viewers were quick to counter this inquiry including a tweet from @goddamnedfrank  which read, “CNN is now normalizing fascism, questioning the rule of law and the civil rights protections enshrined in the US Constitution.”

But Arlo Guthrie is again whispering in my ear, “That’s not what you came here to talk about.” Here are the questions I have concerning the response to the Chelsea bombing.  There is no doubt Ramani was armed and dangerous.  He proved it by engaging in an exchange of gunfire prior to his capture.  He wounded a law enforcement officer.  He resisted arrested.  I doubt anyone would have felt authorities where unjustified in using “deadly force” in response to this perceived threat.

But they didn’t.  In this case, where the suspect posed a far greater risk than many of the individuals now being championed by Black Lives Matter,  he was disarmed and taken into custody.  And unlike the young black men who have died due to the use of “deadly force” whether justified or not, Ramani will have his day in court.

Here are my questions.  “If law enforcement officers can disable and capture the most dangerous among us, why is this not the case in instances associated with traffic violations and petty crimes? Although I have not seen a detailed medical report, Ramani appears to have been wounded in the right arm and right leg.  Are police officers involved in the shooting deaths of some of these black men so poorly trained  marksmen they are not capable of incapacitating a suspect short of death?  And why doesn’t CNN focus on the denial of due process in cases where law enforcement, in addition to its legitimate and necessary role in the criminal justice system, also becomes judge and executioner?”

For what it’s worth.
Dr. ESP