Senator Flake's Version of Due Process
By David Henderson
I got a late start today and so, instead of watching an uninteresting show about the coming NFL draft on my favorite sports channel, ESPN, I watched the CBS morning show. Big mistake. I hadn’t watched it in decades and I was quickly reminded why.
The interviewers were questioning lame-duck Arizona Senator Jeff Flake about gun control. They prefaced by showing a scary clip in which President Trump said that government authorities should be able to confiscate guns from people with mental health problems and do due process afterwards. They asked Flake what he thought of this. He said this was not a good idea because due process should precede confiscation.
Good, I though, Flake knows what due process is.
But then he went on to say that people on the federal government’s no-fly list should not be allowed to have guns.
There are two possibilities here: (1) either Flake was lying when he said he wanted due process before guns are confiscated or (2) he has no idea how the no-fly list is compiled.
There is literally no due process in the normal sense in compiling the no-fly list. You may not even find out you’re on it until you show up at the airport, when you question authorities about how you got on it, they often can’t or won’t tell you, and when you try to undertake proceedings to get off the no-fly list, it’s not as if you go to court and can do discovery on the information the government claims to have that put you there. The ACLU has laid out some of the problems here.