[benlivengood]

Current U.S. "due process" includes national security letters and other secret legal requests and secret courts to approve those requests. So there are still some checks and balances but it's less clear that they are working well enough or as intended.

Just look at the transparency reports of major Internet companies; they can report numbers of (certain types of) requests and that's about it. Mass surveillance under seal is not a great trend.

When political parties start advocating for jailing political opponents and treating the supreme court as political office for nominations, I find it harder to trust the current due process.