Trey Gowdy Grills DHS Official on Due Process

Last week, Rep. Trey Gowdy (R-SC) schooled an official from the Department of Homeland Security on our Constitutionally protected right to due process.

“Let me ask you another question about the terrorism list, what process if afforded a U.S. citizen before they go on that list?” Gowdy asked.

After a brief pause, Ms. Burriesci of the Department of Homeland Security, obviously confused said, “I’m sorry, there’s not a process afforded the citizen prior to getting on the list. There is a process should someone feel they are unduly placed on the list.”

“My question is, can you name another Constitutional right that is chilled, until you find out it’s chilled, then you have to petition the government to get it back?” continued Gowdy.

The Democratic party’s failure to successfully pass gun control has lead them looking for alternatives. Using the recent terrorist attacks on Paris, the latest Democrat-backed gun control inroad is a government run terrorist watch list or “no-fly” list.

Things the government has no authority to do: 1) violate Second Amendment rights, 2) prohibit American citizens from receiving due process. The no-fly list does both.

Larry Keane explained the issue at the Daily Caller:

recently introduced on Capitol Hill is legislation that would ban anyone whose name appears on a secret government terrorist watch list from purchasing a firearm. Sounds good, right? Well, no, is the answer in a single word. We and others have been talking about the problems with this “Terrorist Watch List” for a few years now. Even the liberal Huffington Post decried this list for its lack of due process and the ease with which almost anyone could have their name added to it.As we explain in our Terrorist List Fast Facts, we all support the goal of preventing terrorist acts. But terrorists and criminals should be on law enforcement wanted lists or charged with appropriate crimes. These actions would effectively prohibit dangerous individuals from purchasing firearms. It is, quite simply, unacceptable to deny Americans their Second Amendment rights without due process because their name was placed on an error-prone secret government list for which there is no underlying statutory authority.Further, under the Democrats’ plan, federal authorities would not even have to tell you why your name is on the list. Even the American Civil Liberties Union has taken umbrage and rightly so. The late lion of liberalism, Sen. Ted Kennedy, was prevented from flying by having his name on the so called “no fly list because an alleged terrorist was using the name Edward Kennedy. Providing equal opportunity in its inaccuracy, Weekly Standard writer and Fox News Channel contributor Steven Hayes also was listed, apparently for going on a cruise. The Federalist details all this and it’s worth reading.

The ACLU is opposed to the list for the obvious reason that could be used to stop gun purchases.

And wouldn’t you know, Connecticut plans to prohibit all individuals on the no-fly list from purchasing fire arms:

Connecticut Gov. Dannel Malloy on Thursday announced he would sign an executive order banning the sale of guns to people on terrorist watch lists, making Connecticut the first state to do so, after a similar measure failed to win support in Washington last week. The order would affect people on watch lists maintained by the federal government, including the no-fly list.“We are taking action today,” Malloy, a Democrat, said in a news conference, citing the recent shootings in Paris and San Bernardino, Calif., and saying those incidents should be a “wake-up call for all of us.”“If you cannot fly due to being on a government watch list, you should not be able to purchase a firearm,” Malloy said.

“Or my favorite, the eighth amendment. We’re going to subject you to cruel and unusual punishment until you petition the government to get off the list. Is there another Constitutional right that we treat the same way for American citizens that we do the Second Amendment? Can you think of one?” Gowdy concluded.

Follow Kemberlee on Twitter @kemberleekaye

Tags: Due Process

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