TGIF: Trump, Saddam, and the Presumption of Innocence

by | Jul 7, 2016

TGIF: Trump, Saddam, and the Presumption of Innocence

by | Jul 7, 2016

The horrifying thing about Trump’s recent remarks about Saddam Hussein is not that he expressed admiration for the late Iraqi dictator — in fact Trump called him a “bad guy” three times. What is horrifying is that Trump seemed envious that Saddam could “kill terrorists” without due process — the most important element of which is the presumption of innocence, which places the burden of proof of guilt squarely on the government’s shoulders. “He killed terrorists” Trump said of Saddam. “He did that so good. They didn’t read them the rights. They didn’t talk. They were a terrorist, it was over.” (Emphasis added.)

This should concern any Trump fans who believe that criminal suspects should be protected against the state. Trump was clearly signalling that he wants the government (which of course he aspires to run) to have the power to kill people suspected of planning or having committed politically motivated violence against noncombatants. Let’s be clear: Trump wasn’t endorsing capital punishment for convicted terrorists. (I ignore here the objections to state executions.) He was praising the killing of suspected terrorists without charge or trial in which the prosecution has the burden of proof. Dictators always find due process an obstacle to efficient and decisive action against threats real and imagined. But Americans supposedly believe that the rights of the accused are more important than the state’s convenience.

The securing of due process was the result of a nearly thousand-year struggle against western tyrants. It is certainly true that due process has been badly eroded, especially since 9/11. But this is the first time I can recall a presidential candidate celebrating a dictator’s freedom from due-process constraints at a campaign rally. This certainly distinguishes Trump from his predecessors and opponents. That the throng, wearing their Make America Great Again caps, responded enthusiastically is ominous indeed.

Trump’s remarks are consistent with his earlier expressions of admiration for the “strength” of despots such as North Korea’s Kim Jung Un and the Chinese rulers who slaughtered pro-democracy protesters in Tiananmen Square. The remarks also flesh out his promise to use water-boarding and more against terrorism suspects and his belief that the families of suspects should also be killed.

Throughout his campaign Trump has shown impatience with procedures that brake government activity. He often bashes politicians who are “all talk and no action.” So his envy of dictators should surprise no one.

Sheldon Richman

Sheldon Richman

Sheldon Richman is the executive editor of The Libertarian Institute and a contributing editor at Antiwar.com. He is the former senior editor at the Cato Institute and Institute for Humane Studies; former editor of The Freeman, published by the Foundation for Economic Education; and former vice president at the Future of Freedom Foundation. His latest books are Coming to Palestine and What Social Animals Owe to Each Other.

View all posts

Our Books

Shop books published by the Libertarian Institute.

libetarian institute longsleeve shirt

Our Books

cb0cb1ef 3fcb 417d 80d8 4eef7bbd8290

Recent Articles

Recent

TGIF: On the Importance of Undesigned Order

TGIF: On the Importance of Undesigned Order

Carl Menger, the founder of the Austrian approach to economics, was not the first or last thinker to see similarities between a society and a living organism, suggesting the existence of undesigned, spontaneous order. The names Adam Ferguson and Adam Smith, before...

read more
Bill Kristol vs. The Holy Father

Bill Kristol vs. The Holy Father

Recently when President Donald Trump shared an AI image of himself as the next pope in the wake of the death of Pope Francis, apparently in jest, it caused controversy. For neoconservative godson Bill Kristol, it created an opportunity to needle Vice President J.D....

read more
What Trump Misunderstands About William McKinley

What Trump Misunderstands About William McKinley

It’s no secret that one of Donald Trump’s favorite U.S. presidents is William McKinley, who led the country from 1897 until his assassination in 1901. Indeed, Trump recently changed the official name of Denali back to Mount McKinley in honor of the late president. In...

read more

Pin It on Pinterest

Share This