Oliver Wendell Holmes correctly pointed out: due process simply cannot be achieved for any defendant in the presence of hostile crowds ready for violence if a verdict of not guilty is rendered. The ACLU, if the shoe were on the other foot, would be demanding a new trial — if the defendant were black, and white crowds were demanding a conviction or else. But the ACLU is no longer a neutral civil liberties organization. It has become a partisan claque that espoused due process for "me but not for thee." Real civil libertarians, who demand due process for all, including...