The concept of due process is getting a lot of attention right now, and rightly so. It’s at the heart of the Trump administration’s attempt to destroy democracy. Due process–the adherence to the laws that balance the power of the State against the civil rights and liberties of the individual–is the primary defense against the US becoming a police state.

Most folks can grasp that concept in theory, but a LOT of people have trouble with the practice itself.

I spent seven years or so as a private investigator specializing in criminal defense; I had a contract with a Public Defender program. For the most part, the lawyers I worked for represented people charged with major crimes…robbery, rape, murder, etc. I rarely told strangers what I did for a living, because it would almost always result in some variation of this conversation:

“Do you ever have a guilty client?”
“Almost all of my clients are guilty.”
“How can you defend a person you KNOW to be guilty?”
“Because I believe in civil rights and liberties.”
“But if you KNOW they’re guilty?”
“They still have rights.”
“But if you KNOW they’re GUILTY?”
“The only way to protect the rights of the innocent is to force the State to prove guilt beyond a reasonable doubt every single time.”
“Sure, you have to protect the innocent, but if YOU KNOW THEY”RE GUILTY?”

The Fifth Amendment of the US Constitution tells us No person shall…be deprived of life, liberty, or property, without due process of law. It’s really that simple. It doesn’t say ‘No citizen.’ It doesn’t say, “No white person.’ It doesn’t say, “No rich person.’ It says NO PERSON. Period. Every person who is at risk of losing their life, their liberty, or their property MUST be allowed the full protection of the law BEFORE any penalty can be applied.

Kilmar Abrego Garcia, who probably paid a higher proportion of his income in taxes than Donald Trump, has the right to expect the same due process of law as Donald Trump. Not because he’s been illegally detained and imprisoned (although he has), but because EVERYBODY in the US is–or should be–protected by due process. Timothy McVeigh, who killed 168 people in an act of terrorism 30 years ago yesterday, received more due process than Garcia.

I’ll also say this. As somebody who spent years helping defend the guilty, there is nothing more terrifying than an innocent client. There is so much at stake with an innocent client. Seeing an innocent person go to prison feels a hundred times worse than seeing a guilty person go free. And the ONLY way to protect the rights of an innocent person is to require the State to follow the law EVERY SINGLE TIME, even with the guilty.