USA Today is running an op-ed from Michael Hammond, Chief Counsel for GOA (oops, didn’t notice this was a year old).
But there’s a larger issue:Â If the Constitution can be suspended in a secret hearing, where does this lead?Â
What if this newspaper could be shut down for 21 days without due process â€”Â based on a secret complaint?Â Or an individual could be arrested or imprisoned for 21 days?Â Or tortured?
I was reading NJ AG Gurbir Grewal’s directive to law enforcement about enforcement of New Jersey’s ERPO. I don’t even like the idea of the police walking out of someone’s house with a sharp pencil with this kind of due process. Guns aside, if the state wishes to seize my property, I have a right to due process. I shouldn’t be able to lose property just because the police think I’m an asshole.
And don’t give me “the police have to have probable cause to … blah blah blah.” We all know there’s a gulf between what things ideally should be and how they work in practice. â€œUpon arriving at the scene, based upon my training, knowledge and experience, I determined that Mr. Smith was a danger to himself and his family,” will be to red flag laws what, â€‹”I smelled marijuana coming from the car,” is for traffic stops.