Mr. Chair,
Due process consists of two essential, non-negotiable elements —
notice and opportunity to respond — notice must be in advance, and the opportunity to respond must be reasonably fair and made directly to the decisionmakers governing the process.
However, you said: "Under our bylaws, the due process comes through a former affiliate's automatic right to appeal said disaffiliation."
If this wasn't bad enough, you continue: "So, the former affiliate's due process has been preserved.
There is no right to be heard or even noticed prior to a vote to disaffiliate."
This seems like the opposite of due process, which consists of the very same two essential elements which you specifically acknowledge were denied to LPNH:
notice and opportunity to respond. These elements are required regardless of the procedural forms prescribed in our bylaws. If you were correct, the disaffiliation cannot have possibly occurred, since due process must come before, not after,
the infliction of punishment.
Was this a ruling, or just a casual remark?
Also: what Judicial Committee?
Are you referring to the one where some sitting board members recently plotted and manipulated their election outcomes, effectively rigging the process to circumvent the will of the delegates?
I have heard credible reports that those responsible were caught on a hot mic explicitly discussing the need to engage in what appears to be election fraud. Therefore I am deeply concerned
that you see no problem in relying solely on this tainted, quorum-less JC, with "due process" as if such could provide basic fairness to this committee's Kafkaesque process — after the fact.
To me, Due Process is a fundamental libertarian value — willfully disposing of it renders one "not a libertarian", in my perspective. It's a clean line. It is a crucial, non-negotiable element of what we stand for; it is also a good "hill to die on", so to
speak.
Mr. Thompson,
How is your point any different? Bigotry is bigotry. It doesn't matter the "motive" for being an irrational, prejudiced, and unfair prick — it's the "irrational, prejudiced, and unfair prick"
part that consists in making one an actual bigot. It is not merely expressing unapproved or inappropriate opinions. True bigots deny fairness to their targets.
Am I mistaken?
Austin Martin
Ua mau ke ea o ka ʻāina i ka ponoUa mau ke ea o ka ʻāina i ka pono