The Death of Due Process: Mahmoud Khalil

What in the world? This is America, after all, The Land of the Free and the Home of Constitutionally Protected Freedoms as delineated in the first ten amendments, commonly known as the Bill of Rights.

Chances are pretty good that if you were to ask any average American about Mahmoud Khalil, he or she would respond with one word. “Who?” If this person derived their politics from the right side of the ledger who vigorously supports Donald Trump, then the odds go up that, on learning about the status of Mahmoud Khalil, the answer would immediately come back with double the quantity of words and heightened intensity. “Good riddance!” In this, they will echo the words of Kristi Noem, who could not let a good opportunity go to waste.


A week ago, I posted an article in which I explored the issue of Tren de Aragua, a notorious, violent, criminal gang from Venezuela which operates internationally (including the United States), and was designated by Donald Trump as a Foreign Terrorist Organization via an Executive Order on his very first day in office, second term. Since then, the administration has been active in rounding up and deporting alleged gang members back to Venezuela or shipping them off to a maximum-security prison in El Salvador, whichever is easier, more effective, and less costly.

Let’s get one thing perfectly clear right now. I do not support the importation and keeping of violent criminals into this country. Undoubtedly, there are people here who ought to be removed from American society–violently, if necessary. Nevertheless, there are rules to follow in the process, the foremost among them being the 5th Amendment to the Constitution:

“No person shall be…deprived of life, liberty, or property, without due process of law…” .

Now, of course, this brings up the question of whether or not the government is operating according to the 5th Amendment. I cannot say. I don’t know. If it is, well and good. If not, then we have a problem which will only get worse as social, economic, and political circumstances worsen and degrade. In order to maintain the trust of the American people, it is incumbent on the administration to make sure it works within the law whether it advances the political agenda or not.

Which brings us to Mahmoud Khalil. Born in Syria of Palestinian origin and a citizen of Algeria, legally admitted to the US with Green Card and permanent resident status, Columbia University student, married to an American woman, soon to be a father. He was arrested in the lobby of his apartment complex in New York City, on March 08, then shipped without notice to Jena, LA, where he was held incommunicado without notice to his attorney or pregnant wife. He was the first person arrested after Trump had promised to crack down on university student protests over the conflict in Gaza.

Obviously, Khalil had broken some law or committed a crime, right? After all, if you haven’t done anything wrong, you have nothing to be afraid of. Right? Why else would the government go after him if he was innocent? As it turns out, he had been involved in the protests at Columbia, acting as an intermediary between the university and the main body of participants. He had been open and cooperative with the university and the media and refused to mask his face, becoming widely known to the public and giving the administration a clear target to aim at in the battle against “anti-semitism”, a term no one can define well but which is politically useful. Sort of like “freedom-fighters” and “democracy”.

Marco Rubio, the current Secretary of State has alleged that Khalil engaged in “antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States”, but he produced no evidence to this effect and did not accuse Khalil of committing any crime whatsoever. In a court case before Jamee Conans, an immigration judge in Louisiana, Rubio brought out an arcane law as precedent to prove that he could legally deport Khalil, whether he was guilty of any wrong-doing or not. CNN described it this way.

“The administration previously said it based its deportation order for Khalil on an obscure provision from the Immigration and Nationality Act – which provides broad authority to the Secretary of State to revoke a person’s immigration status if their “activities in the United States would have potentially serious adverse foreign policy consequences” to the country.”

““For cases in which the basis for this determination is the alien’s past, current, or expected beliefs, statements, or associations that are otherwise lawful, the Secretary of State must personally determine that the alien’s presence or activities would compromise a compelling U.S. foreign policy interest,” the memo from the secretary reads.”

OK, let’s get this straight. Marco Rubio has applied an obscure regulation from 1952 to justify his action against Khalil, who has not had any criminal charges filed against him. According to the memo seen above, Khalil’s “past, current, or expected beliefs, statements, or associations that are otherwise lawful” are sufficient to require his deportation. His beliefs? His words? The company he keeps? Not only in the past and currently, but also those to happen at some time in the future?

What is this if not a full-throated assault on free speech in America, a guaranteed right covered by the 1st Amendment to the Constitution? If any Secretary of State (there are many, they change all the time) can determine arbitrarily that a person is a “threat to national security” at any time and for any reason, and use the overwhelming power of the federal government against them, does this not rip the guts out of the 1st Amendment? Since the powers-that-be today will not be those in charge tomorrow, how can anyone be certain that what he says or believes today will not be held against him tomorrow when the politics have shifted? The fact is that he cannot and this type of action by Rubio and Trump will only have a chilling effect on what is said and done in this country.

The 5th Amendment is toast. The 1st Amendment is almost gone. With those out of the way, who can guarantee that the 2nd Amendment, the so-called Right to bear Arms, will not be targeted next? When the Goon Squad breaks down your front door to confiscate your guns, what authority can you appeal to for deliverance, especially if you have refused to stand up for those who were taken out and beaten in the War against Free Speech, Beliefs, and Friendships?

Where is Martin Niemoeller when you need him?

The Trump administration has been given the green light to deport Khalil by Jamee Comans, an immigration law judge in Louisiana, who justified her ruling based on Rubio’s statement. Khalil’s lawyers have until April 23 to appeal the decision and it is quite possible that this case will be heard all the way to the Supreme Court.

An ironic twist to this saga is that the Leftists who were so keen to cancel, censor, and silence their critics a few years ago are now howling loudly on behalf of Mahmoud Khalil, while the Rightists who complained loudly and bitterly about being told to sit down and shut up are now advocating that Khalil be treated in exactly the same way. Or worse.

Fairness, integrity, and consistency. I guess it all depends on which version of justice you subscribe to. Go figure.

Come, D’Artagnan! We’re Saving the King! Er, I mean, Country.

The 1st Amendment to the Constitution of the US:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Congress shall make no law…abridging the freedom of speech, or of the press…except when it concerns the rights of American citizens to access and use (speak freely) a media platform (press) such as TikTok.


China bad. Steve Mnuchin good. Or so the schtick goes in the escalating conflict between the erstwhile dominant Hegemon (US) and the upstart rival (China).

“I think the legislation should pass and I think it should be sold,” Mnuchin told CNBC‘s “Squawk Box” on Thursday. “It’s a great business and I’m going to put together a group to buy TikTok,” he added…”This should be owned by U.S. businesses. There’s no way that the Chinese would ever let a U.S. company own something like this in China,” Mnuchin said…

https://www.zerohedge.com/political/watch-mnuchin-says-he-wants-buy-tiktok

“It’s a great business and I’m going to put together a group to buy TikTok,” says Former Treasury Secretary Steven Mnuchin. “The issue is all about the technology. This needs to be controlled by U.S. businesses.” 

pic.twitter.com/6yoLoL5bay— Squawk Box (@SquawkCNBC) March 14, 2024

For those who are not aware, the legislation mentioned is a bill passed by the US House of Representatives only a few days ago and sent to the Senate, where it is almost certain to meet overwhelming approval, to be sent to Joe Biden, who has already promised to sign it into law. This bill is officially titled “Protecting Americans from Foreign Adversary Controlled Applications Act” (H.R.7521), more easily known as The TikTok Divestment bill. The introduction is sufficient to tell you what this is all about.

A BILL
To protect the national security of the United States from the threat posed by foreign adversary controlled applications, such as TikTok and any successor application or service and any other application or service developed or provided by ByteDance Ltd. or an entity under the control of ByteDance Ltd.

https://docs.house.gov/billsthisweek/20240311/HR%207521%20Updated.pdf

Yesssss!!! Now the truth is coming out. ByteDance Ltd. is the real enemy which we have to conquer. In order to protect the “national security of the United States”, ByteDance Ltd., a Chinese-owned company MUST be forced to sell its American branch of TikTok to someone like Steve Mnuchin, one of the “elite, uber-wealthy, 1%-ers, who will then use it to enhance the “national security of the United States”, because it is “just not right” that ByteDance, China should be gathering all that information on its client users, even though they voluntarily give it up themselves. No, no, all that information really ought to be funneled to the US government, which, alone in the world except for Israel (I really didn’t say that), is righteous and concerned only with the “general welfare” of its citizens. Those dastardly Chinks, anyway! There ought to be a law!!

Well, according to Joe Biden, there will be shortly and then we will begin to see the repercussions.

It is a known fact that millions upon millions of Americans use TikTok regularly, including many who have built successful, thriving businesses on the app, and if this bill passes, they would find themselves unable to access it. Even those who only use it to communicate with their friends and acquaintances would be shut out, that is, unless a consortium of “patriotic Americans” (Steve Mnuchin, et al.) was to buy it, slap an American label on it, and sell the service to their own “captive audience”. If that happened, then everything would be right with the world. Again.

Nevertheless, drilling down into this issue, I conclude there is more here than meets the eye. This is a matter of free speech, as codified in the 1st Amendment to the Constitution, which Congress is rapidly infringing upon and abridging, contrary to the oath sworn to uphold the Constitution. Banning TikTok (and ByteDance) from serving their clients would have the effect of shutting down the free speech of countless people in America. This is where the rubber meets the road. The issue is all about control of the populace at large and the power to enforce what is said. Totalitarians everywhere, at all times, have always tried to control the conversation between people, outlawing “subversive” speech, banning the free exchange of ideas, forcing everyone to parrot the narrative, and have resorted to force and violence to make sure that no one gets out of line.

Disclaimer: I do not use TikTok. Except for a very few times when I viewed a video on TikTok which someone linked to, I have no experience with the platform. However, I am adamant about my resistance to those who would censor it or shut it off for whatever reason. Whenever someone, anyone, tells me that I CANNOT see and read, or hear and listen to anything which I want to, then I will view that as an attempt to control me. Whenever someone, anyone, tells me that I CANNOT communicate with anyone else that I want to, then there is going to be trouble.

TikTok may be a socially reprehensible vehicle. It may be used by one government against another. There may be other equally justifiable reasons to get rid of it. These “truths” may be self-evident, but they are irrelevant to my argument. I have the right, the absolute right, to manage my own affairs AND to go to Hell in my own way–if I desire to. Furthermore, since I believe in the principle of loving my neighbor as I do myself (even though I fail at times), I have to allow my neighbor that same right and freedom.

I will never relent. I will never back down.


Afterword: read for yourself.

https://poorrogersalmanac.com/2023/04/19/montana-the-new-state-of-censorship

https://poorrogersalmanac.com/2023/04/23/tiktok-round-2

https://poorrogersalmanac.com/2023/04/26/tiktok-round-3

https://poorrogersalmanac.com/2023/05/22/the-end-of-the-world-and-tiktok

https://poorrogersalmanac.com/2023/12/01/the-saga-of-tiktok-montana-continues

https://poorrogersalmanac.com/2023/12/12/and-the-beat-goes-on