The point of due process is to construct such a record. The fact that due process is being denied in these circumstances is one of the reasons that so much of the public discussion is rumor and innuendo.

And this is actually one of the many things that this executive doesn't seem to grasp about the fundamentals of how this England-inherited, American-modified government functions. Due process doesn't just protect the people. It protects the king from rumors abounding about his tyranny that eventually lead to his beheading, because if there is no record to show then there is no record to justify the actions of the crown either.

The Magna Carta has stood for about a thousand years. But it has stood because every monarch who tried to place themselves above it found themselves much shorter by the end of their reign.