Tangle - PREVIEW - The Friday Edition: Why due process still matters.

Episode Date: April 4, 2025

In today's Friday edition, Executive Editor Isaac Saul makes the case for due process for anyone on American soil — and explaining how the recent deportation stories represent a genuine threat to American citizens.This is a preview of today's special edition that is available in full and ad-free for our premium podcast subscribers. If you'd like to complete this episode and receive Sunday editions, exclusive interviews, bonus content, and more, head over to ReadTangle.com and sign up for a membership.Ad-free podcasts are here!Many listeners have been asking for an ad-free version of this podcast that they could subscribe to — and we finally launched it. You can go to ReadTangle.com to sign up! You can also give the gift of a Tangle podcast subscription by clicking here.You can subscribe to Tangle by clicking here or drop something in our tip jar by clicking here. Our Executive Editor and Founder is Isaac Saul. Our Executive Producer is Jon Lall.This podcast was written by Isaac Saul and edited and engineered by Jon Lall. Music for the podcast was produced by Jon Lall.Our newsletter is edited by Managing Editor Ari Weitzman, Senior Editor Will Kaback, Hunter Casperson, Kendall White, Bailey Saul, and Audrey Moorehead.  Hosted on Acast. See acast.com/privacy for more information.

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from West Texas today, so he is on the road this morning and not able to record the podcast. So I'm stepping in and I will be reading his essay that he published in the newsletter today, which is titled, Why Do Process Still Matters? This is a personal essay written by Isaac, so I'll be reading it in the first person. A few weeks ago, someone made a defamatory post about me on a forum of my peers. The post accused me of

quote, manufacturing consent for mass murder in Gaza, being a quote, stenographer for the military industrial complex and quote, using fabricated sources to write about a non-existent Uyghur genocide in China. I'm an ultimate Frisbee player and this person had made the post anonymously in a niche Reddit forum for ultimate players, effectively slandering me to a community of people I interact with on a daily basis in my personal life. It didn't matter that none of it was true. For the record, I'm a frequent critic of the military-industrial complex, have repeatedly called for a ceasefire in Israel, have never fabricated a source in my life, and believe

the persecution of Uighurs in China is very real. But the post picked up a few comments, and the author got to plant a seed of doubt about me to my friends and my community. In this case, I opted not to respond. The post got little traction and it was eventually taken down for violating the rules of the forum where it was posted. So the stakes were pretty low, but it's still a stomach-turning, infuriating experience to be accused of something you're innocent of. It would have been even worse if I didn't have the ability to respond to said allegations. When the stakes are higher, when the consequences are, say, being deported from the country you live in, separated from your family, or sent to a maximum security prison, I imagine

nightmare is a wholly insufficient description. Of course, most of us like to imagine that we can defend ourselves from false accusations levelled against us, that the world is just and truth will prevail. In particular, if you're living in the Western world in 2025, you'd be forgiven for thinking that due process is some kind of inalienable right, not something granted by the government. But the chilling truth is that due process rights don't exist everywhere. They're applied inconsistently, and even in the most democratic and free societies like ours in the US, they can become relics under the wrong circumstances.

Indeed, the concept has been and continues to be hotly debated. Before we turn to the present, I think it's worth remembering why due process exists at all. Before we turn to the present, I think it's worth remembering why due process exists at all. Much of the foundation of our conception of legal rights comes from the Magna Carta, an enduring 13th century document in which King John of England pledged to act in accordance with the law and promised that his people would be given basic procedural legal rights. In the United States, the Fifth Amendment was ratified with the Bill of Rights in 1791 and carries on the bulk of the Magna Carta's legal provisions, declaring that, quote,

no person shall be deprived of life, liberty, or property without due process of law. In 1868, the Fourteenth Amendment further assured that due process rights extended to the state level, not just the federal. While a great deal of scholarly debate continues over how narrow the scope of the Fifth Amendment was or is, and whether the Fourteenth Amendment was or wasn't necessary, that's the conventional understanding of how those amendments came to be. We'll be right back after this quick break. FanDuel Casino Daily Jackpots, guaranteed to hit by 11pm with your chance at the number one feeling. Winning, which beats even the 27th best feeling, saying I do.

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And if you're not getting rewards like extra data and dollars off with your mobile plan, you're not with FIZ. Switch today. Conditions apply. Details at fiz.ca. Over the last few weeks, debates over these amendments have not merely been academic, but instead have been placed at the forefront of American society. President Donald Trump, in pursuit of his promise to reduce illegal immigration to the United States, has been stretching his executive authority as far as he can.

His orders target immigrants of various stripes. Violent criminals here illegally, student protesters here on green cards or student visas, and legal immigrants with no criminal record or any other apparent cause for deportation. Consider a sampling of the cases that have sparked debate. First is Mahmoud Khalil, a Palestinian graduate student here on a green card who was arrested by ICE for alleged pro-Hamas activity. Weeks later, he's still sitting in a Louisiana detention center, 1,400 miles away from his wife, and no charges have been brought against him. Possibly in the same facility, although eerily we don't

know for sure, is Rumamesia Ozturk, a Fulbright scholar arrested in Boston by six masked ICE agents for allegedly acting in support of Hamas. The action that prompted her arrest was an op-ed she wrote for her college newspaper that at its most brazen called for US divestment from Israel. The cases don't get stronger from there. Iranian doctoral student Ali Reza Darudi was rounded up under the guise of national security, but the government has not produced any evidence that he's ever even participated in a protest. Eduardo Núñez González is a

business owner with a clean record, here on a legal work permit, and married to a US citizen. He was arrested while taking out the trash. Baker Neri Alvarado was sent to an El Salvador prison and the probable cause for his deportation was a tattoo promoting autism awareness in honor of his 15-year-old brother. Perhaps most notable of all is Kilmar Abrego Garcia. Abrego Garcia's story burst onto the national scene this week after the Atlantic ran a piece on the Trump administration inadvertently deporting a quote, Maryland father to a prison in El Salvador.

In 2019, Abrego Garcia had been granted an order blocking his deportation to his home country of El Salvador due to threats on his life. The Trump administration cited a quote, administrative error for his deportation. And now it says it has no way to get him back from the prison. Now much about a Briego Garcia story is sympathetic. He has no criminal record. He's married to an American citizen. He is the father to a disabled and autistic child. He is a union sheet metal worker, and he regularly checked in with Immigrations and Custom Enforcement as he was supposed to. But his case is also complicated. He crossed the border illegally in 2012 and in 2019 he was

accused of being a member of MS-13, an accusation an immigration judge affirmed. He only claimed to be fleeing violence in El Salvador after being arrested and facing deportation in 2019, and he still was eligible for removal, just not to El Salvador. While he regularly checked in with ICE, he has reportedly skipped several court appearances for traffic violations. Now, each of the examples above of immigrants being removed from the country touches on a complex gray area of the law, from the use of the Alien Enemies Act to the differences in the rights of green card holders versus student visa holders.

The most salient open question, however, is the rights that unauthorized migrants have in the United States. The left is keen to cite conservative icon Antonin Scalia, who famously wrote that, quote, it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings, end quote. On the other hand, the federal government has successfully argued in a few notable Supreme Court cases that limited judicial review for expedited removal of non-citizens does not violate due process laws. These debates are important and fraught and will surely impact the future

of immigration law. But the deeper conflict is less about legal theory and more a fundamental difference in philosophy. Some people believe that non-citizens in America deserve due process, and others believe they don't. That's really it. That's the heart of the debate, and if you're interested in where I stand, I'm firmly in the camp of people who believe that everyone on American soil, regardless of immigration status, accusation, or circumstance, must be given the benefits of due process, however costly and sometimes impractical or inconvenient it might be. The deportation of Abrego Garcia to El Salvador provides a great

reason why. The question of whether Garcia was legally removable is not really in doubt. The federal government had legal grounds to deport him. The larger issue is that the court was clear that he should have been protected from deportation to El Salvador, the country he claims to have fled because of risk from gang members. And now, of course, the administration has placed... Hey, everybody. This is John, executive producer for Tangle. We hope you enjoyed this preview of our latest Friday edition. If you are not currently a newsletter subscriber or a premium podcast subscriber and you are enjoying this content and would like to finish it, you can go to readtangle.com and sign

up for a newsletter subscription or you can sign up for a podcast subscription or a bundled subscription which gets you both the podcast and the newsletter and unlocks the rest of this episode as well as ad free daily podcasts, more Friday editions, Sunday editions, bonus content, interviews, and so much more. Most importantly, we just want to say thank you so much for your support. We're working hard to bring you much more content and more offerings, so stay tuned. Isaac and Ari will be here for the Sunday podcast and I will join you for the daily podcast on Monday. For the rest of the crew, this is John Law signing off. Have a fantastic weekend, y'all. Peace.

Thank you for listening to this Tangle Media production. Our executive editor and founder is me, Isaac Saul, and our executive producer is John Law. Today's episode was edited and engineered by John Law. Our editorial staff is led by managing editor Ari Weitzman with senior editor Will K. Back and associate editors Hunter Kaspersen, Audrey Morehead, Bailey Saul, Lindsay Knuth, and Kendall White. Music for the podcast was produced by John Law. To learn more about Tangle and to sign up for a membership, please visit our website at reTangle.com. FanDuel Casino's exclusive Live Dealer studio has your chance at the number one feeling,

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