Conservative judge J. Michael Luttig explained to MSNBC’s Ari Velshi that far-right scholars have argued that the president does not have to follow the Supreme Court if he doesn’t agree with its decisons: he can interpret the Constitution for himself. Luttig called this “constitutional denialism.” He added that “[t]he American people deserve to know if the President does not intend to uphold the Constitution of the United States or if he intends to uphold it only when he agrees with the Supreme Court.”
In an interview aired today on NBC News’s Meet the Press, reporter Kristen Welker asked President Donald J. Trump if he agreed that every person in the United States is entitled to due process.
“I don’t know. I’m not, I’m not a lawyer. I don’t know,” Trump answered.
The U.S. Constitution guarantees that “no person shall…be deprived of life, liberty, or property, without due process of law.” Judges across the political spectrum agree that the amendment does not limit due process to citizens. In his decision in the 1993 case Reno v. Flores, conservative icon Justice Antonin Scalia wrote: “it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”
When Welker pointed out that the Constitution guarantees due process, Trump suggested he could ignore it because honoring due process was too slow. “I don’t know,” he said. “It seems—it might say that, but if you’re talking about that, then we’d have to have a million or 2 million or 3 million trials,” he said. “We have thousands of people that are—some murderers and some drug dealers and some of the worst people on Earth.”
“I was elected to get them the hell out of here, and the courts are holding me from doing it,” he added.
Welker tried again. “[D]on’t you need to uphold the Constitution of the United States?”
Trump replied: “I don’t know. I have to respond by saying, again, I have brilliant lawyers that work for me, and they are going to obviously follow what the Supreme Court said.”