Jon Kyl: “Yes. I thank Senator Feinstein for that statement. It is a confirmation that scholars of law, not only she and I, have…”

“Yes. I thank Senator Feinstein for that statement. It is a confirmation that scholars of law, not only she and I, have reached this conclusion. I was just reminded of another place in which this conclusion is found. The U.S. Department of Justice volume "New Directions from the Field, Victims Rights and Services for the 21st Century." Among the statements in this report is the following: Granting victims of crime the ability to participate in the justice system is exactly the type of participatory right the Constitution is designed to protect and has been amended to permanently ensure. Such rights include the right to vote on an equal basis and the right to be heard when the government deprives one of life, liberty or property. What we have provided here is a set of rights, some expressed in terms of "not to be excluded from," some expressed as a right such as a right to vote, as has been noted. In each case, the fundamental basis is that the Government cannot deprive one of their ability to participate in the criminal justice process to the extent we have defined it here. I think that is a very important distinction. As the Senator pointed out, without the standing to assert the right, it would be hollow. It would be merely an oratory statement. That is precisely why the people in the Oklahoma City bombing case couldn't vindicate their rights. The court said they didn't have any standing.”