唐纳德·特朗普(Donald Trump)总统在宣誓就职100多天后，质疑他是否有责任维护宪法和第五修正案的正当程序权，因为他对司法部门拒绝他的大规模驱逐行动表示失望。
在一次广泛的采访在NBC新闻“与媒体见面”主持人克里斯汀·韦尔克(Kristen Welker)的主持下，特朗普被问及他是否同意国务卿马尔科·卢比奥的观点，即公民和非公民都有权获得正当程序。
“我不知道，”特朗普回应道。“我不是律师。我不知道。”
韦尔克指出，第五修正案部分规定“任何人”都不得“未经正当法律程序被剥夺生命、自由或财产”，这就说明了这一点。
“我不知道，”特朗普重复道。“似乎是这么说的，但如果你说的是这个，那么我们必须进行一百万次、两百万次或三百万次试验。我们有成千上万的人，有些是谋杀犯，有些是毒贩，有些是世界上最坏的人，有些是世界上最危险的人，我被选举出来把他们从这里赶走，但法院阻止我这么做。”
当最后一次被问及作为总统，他是否需要维护宪法时，特朗普再次转向。
“我不知道。我不得不再次回应说，我有出色的律师为我工作，他们显然会遵循最高法院的说法，”这已成为采访中面对类似问题时的新标准答案，即法律要求他做什么。
法律专家告诉ABC新闻，第五修正案没有对公民和非公民进行任何区分。最高法院认为，根据宪法第五修正案和第十四修正案，非法移民享有正当程序权。
北卡罗来纳大学宪法专家迈克尔·格哈特(Michael Gerhardt)告诉美国广播公司新闻(ABC News)，“就连特朗普总统非常钦佩的斯卡利亚大法官也承认，第五修正案的简明语言明确规定，每个‘人’，不仅仅是美国公民，都有权获得正当程序的保护。”
斯卡利亚在1993年的裁决中写道,“第五修正案赋予外国人在驱逐程序中享有正当法律程序的权利”,这一点已得到充分确立。最高法院最近的一项命令引用了这一裁决，该命令要求给予被拘留的移民“合理的时间”来质疑他们的驱逐。
“特朗普总统不承认他宣誓支持和捍卫宪法，这在美国历史上是前所未有的，”格哈特说。“大多数总统都不是律师，但除了特朗普，每一位总统都承认，包括总统在内的每一位联邦官员都有义务维护宪法。”
特朗普举起右手，按照宪法第二条第一款的规定，于1月20日宣誓就职。
“我唐纳德·约翰·川普庄严宣誓，我将忠实履行美国总统的职责，并将尽我所能，维护、保护和捍卫美国宪法，”川普在就职典礼上说。
特朗普周日晚些时候告诉记者，他将寻求任命不会挑战他的驱逐计划的法官，这是他与法院对峙的又一次升级。
“我的意思是，我们需要的法官不会要求对每一个非法移民进行审判，”特朗普在空军一号上回答问题时说。“我们有数百万非法入境的人，我们不可能对每个人都进行审判。那将是数百万次试验。”
移居专家表示，移民法官通常会在有限的听证会或其他法庭程序中处理这些问题，而不是特朗普所说的全面审判。那些行政法官是司法部的雇员。
“这是一个最低限度的正当程序听证会，但它确实提供了正当程序，”律师、美国移民律师协会前主席大卫·利奥波德说。
特朗普周日的言论很快遭到了民主党人和其他批评者的批评，他们指出，这是特朗普无视宪法界限的又一个例子。
参议院民主党领袖查克·舒默在x上写道:“这是最不符合美国精神的。”
共和党参议员兰德·保罗也反驳说，“遵循宪法不是一个建议。”
“它是我们所有代表美国人民工作的人的指导力量。你同意吗?”保罗在x上写道。
利奥波德说:“令人震惊的是，一位在任总统会把宪法视为一种不便。”。
“我们不能假设政府是法官、陪审团和刽子手，”利奥波德说。“这不是这个国家的立国之本。这就是专制国家。我们不是一个专制国家。我们是宪政共和国。”
'Shocking': Experts question Trump claiming 'I don't know' about upholding Constitution
President Donald Trump, a little more than 100 days after taking the oath of office, questioned whether he had a duty to uphold the Constitution and the Fifth Amendment right to due process as he expressed frustration on judicial pushback to his mass deportation effort.
During awide-ranging interviewwith NBC News "Meet the Press" moderator Kristen Welker, Trump was asked if he agreed with Secretary of State Marco Rubio that citizens and noncitizens alike are entitled to due process.
"I don't know," Trump responded. "I'm not a lawyer. I don't know."
Welker noted that the Fifth Amendment, which states in part that "no person" shall be "deprived of life, liberty, or property, without due process of law," says as much.
"I don't know," Trump repeated. "It seems it might say that, but if you're talking about that, then we'd have to have a million or 2 million or 3 million trials. We have thousands of people that are some murders and some drug dealers and some of the worst people on earth, some of the worst most dangerous people on earth, and I was elected to get them the hell out of here and the courts are holding me from doing it."
Asked a final time if, as president, he needed to uphold the Constitution, Trump again deflected.
"I don't know. I have to respond by saying, again, I have brilliant lawyers that work for me, and they are obviously going to follow what the Supreme Court said," in what's become a new standard answer in interviews when confronted with similar questions about what the law requires him to do.
Legal experts told ABC News that the Fifth Amendment does not make any distinction between citizens and noncitizens. The Supreme Court has held that illegal immigrants are afforded due process rights under the Fifth and Fourteenth Amendments.
"Even Justice Scalia, for whom President Trump has expressed great admiration, acknowledged that the plain language of the Fifth Amendment clearly provides every 'person,' not just American citizens, are entitled to the protections of due process," Michael Gerhardt, a constitutional law expert at the University of North Carolina, told ABC News.
Scalia's 1993 ruling in which he wrote it was well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings" was referenced in a recent Supreme Court order mandating detained migrants be given "reasonable time" to challenge their removal.
"President Trump’s failure to acknowledge that he swore an oath to support and defend the Constitution is unprecedented in American history," Gerhardt said. "Most presidents have not been lawyers, but every president, other than Trump, has acknowledged that every federal official, including the president, has the duty to uphold the Constitution."
Trump, with his right hand raised, took the oath of office on Jan. 20 as prescribed by Article II, Section 1 of the Constitution.
"I Donald John Trump do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States," Trump said during his inauguration.
In another escalation of his standoff with the courts, Trump later on Sunday told reporters that he would seek to appoint judges who won't challenge his deportation plan.
"I mean, we need judges that are not going to be demanding trials for every single illegal immigrant," Trump said while taking questions on Air Force One. "We have millions of people that have come in here illegally, and we can't have a trial for every single person. That would be millions of trials."
Immigrationmatters are routinely dealt with in a limited hearing or other court proceedings before an immigration judge, not a full-blown trial as Trump suggests, experts say. Those administrative judges are employees of the Department of Justice.
"It's a minimal due process hearing, but it does provide due process," said David Leopold, an attorney and former president of the American Immigration Lawyers Association.
Trump's comments on Sunday were quickly criticized by Democrats and other critics, who pointed to it as what they said was another example of Trump's disregard for constitutional boundaries.
"This is as un-American as it gets," Senate Democratic Leader Chuck Schumer wrote on X.
Republican Sen. Rand Paul also pushed back that "following the Constitution is not a suggestion."
"It is a guiding force for all of us who work on behalf of the American people. Do you agree?” Paul wrote on X.
"It is shocking that a sitting president would treat the Constitution as if it's an inconvenience," said Leopold.
"We can't just assume that the government is judge, jury and executioner," said Leopold. "That's not what this country was founded on. That's what an authoritarian country is. We are not an authoritarian country. We are a constitutional republic."
