Reply #140: the poster I was addressing used the word "absolutely" not me

[onenote]

And also tied due process to the right to have a trial. You at least are willing to acknowledge that the Fifth AMendment right to due process and, in particular, the right to a trial, is not "absolute." THere are circumstances where the government can deprive a person of his or her life and liberty without an arrest or a trial. SCOTUS decisions recognize it. The Model Penal Code recognizes it. And the rules of engagement/rules for use of deadly force by those charged with maintaining public safety recognize it. People can disagree on whether authorizing the use of deadly force against al-Alwaki falls or should fall within an exception. But those who argue that there is an absolute right to a trial before the state can deprive one of life or liberty have not engaged in that analysis.