Tim Scott: “Amendment 5 of the Bill of Rights says that ``no person shall be held to answer for a capital or otherwise infamous…”

“Amendment 5 of the Bill of Rights says that ``no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury except,'' and then it goes on to say, ``nor to be deprived of life, liberty, or property without due process of law.'' Now, the designation by the President is not due process of law. Usually we have a trial. There is no judicial review in this situation. And even the designation as a foreigner, if they happen to be a citizen and are designated as a foreigner, they have no judicial review and no rights under this bill. We ought to go back to the normal process of due process. If we are going to go after criminals, we ought to go after criminals with the normal process of having a trial.”