trump administration mull ending Habeas Corpus.

[Goonie]

Trump administration mulling end to habeas corpus, legal right to challenge one’s detention

Presidential adviser Stephen Miller announces potential move, which US has made only four times in history

www.theguardian.com

So detention without a right to challenge. So much for the rule of law.

 

[MyOwnSockPuppet]

Trump administration mulling end to habeas corpus, legal right to challenge one’s detention

Presidential adviser Stephen Miller announces potential move, which US has made only four times in history

www.theguardian.com

So detention without a right to challenge. So much for the rule of law.

Well, I suppose it's more efficient than spuriously detaining people on immigration grounds, ignore any attempts to prove that the grounds are incorrect and then deporting them to El Gulag.

 

[Belk]

That darn constitution is getting in the way! Better bypass it!

 

[Nithavela]

If it were a legitimate legal thing, it wouldn't have such a silly name.

 

[durangodawood]

I dont think Trump would lose much of the support he currently has if he did this.

 

[Goonie]

I dont think Trump would lose much of the support he currently has if he did this.

Someone better not lend Donald their 2000AD Judge Dredd collection. I'm sure he and his supporters would believe making every police officer a judge, jury and executioner a great idea!

 

[Aryeh Jay]

Someone better not lend Donald their 2000AD Judge Dredd collection. I'm sure he and his supporters would believe making every police officer a judge, jury and executioner a great idea!

Wait, I thought the police already had that power.

 

[Meowzltov]

Trump administration mulling end to habeas corpus, legal right to challenge one’s detention

Presidential adviser Stephen Miller announces potential move, which US has made only four times in history

www.theguardian.com

So detention without a right to challenge. So much for the rule of law.

There is a time and place when suspension of Habeus Corpus is necessary. Lincoln suspended Habeus Corpus during the Civil War.

The thing is, NOTHING going on right now comes even close to the severity of the Civil War. What we have here is a President who would be dictator who is trying every trick in the book to gain unprecedented power. It's scary stuff.

 

[wing2000]

At a Senate hearing, Senator Maggie Hassan, Democrat of New Hampshire, asked Ms. Noem about the issue. “Secretary Noem,” she asked, “what is habeas corpus?”
“Well,” Ms. Noem said, “habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to—”

“No,” Ms. Hassan interjected. “Let me stop you, ma’am. Excuse me, that’s incorrect.”

https://www.nytimes.com/2025/05/20/us/politics/kristi-noem-habeas-corpus-deportations.html

 

[Akita Suggagaki]

“Well,” Ms. Noem said, “habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to—”

Wow! A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.

Habeas corpus

Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state...

www.uscourts.gov

 

[JSRG]

At a Senate hearing, Senator Maggie Hassan, Democrat of New Hampshire, asked Ms. Noem about the issue. “Secretary Noem,” she asked, “what is habeas corpus?”
“Well,” Ms. Noem said, “habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to—”

“No,” Ms. Hassan interjected. “Let me stop you, ma’am. Excuse me, that’s incorrect.”

https://www.nytimes.com/2025/05/20/us/politics/kristi-noem-habeas-corpus-deportations.html

Well, I can't read it fully because it's behind a paywall. But it looks to me like the error was probably due to misspeaking rather than being actually ignorant about it. Unfortunately, she didn't get a chance to finish the sentence due to being cut off, so we can't see if she was going to realize the error in speaking and correct herself or not.

 

[wing2000]

Well, I can't read it fully because it's behind a paywall. But it looks to me like the error was probably due to misspeaking rather than being actually ignorant about it. Unfortunately, she didn't get a chance to finish the sentence due to being cut off, so we can't see if she was going to realize the error in speaking and correct herself or not.

It was a clear question. Sec Noem either didn't know or chose to answer it incorrectly. She has a history of parroting the administrations talking points. After the Senator defines what habeaus corpus, Noem stated she supported it and quickly pivoted to her original point.

 

[durangodawood]

Well, I can't read it fully because it's behind a paywall. But it looks to me like the error was probably due to misspeaking rather than being actually ignorant about it. Unfortunately, she didn't get a chance to finish the sentence due to being cut off, so we can't see if she was going to realize the error in speaking and correct herself or not.

I heard it. There was no room for misunderstanding the question. I wish the senator had just let her carry on and see how much deeper she could dig the hole she was in.

At any rate its appalling she didnt know this given her position in the government of our republic.

 

[Akita Suggagaki]

Well, I can't read it fully because it's behind a paywall. But it looks to me like the error was probably due to misspeaking rather than being actually ignorant about it

Habeas Corpus has nothing to do with "a right that the president has to remove people from this country".
No excuses.

 

[rjs330]

This is a decent explanation of habeas corpus and its suspension. Its CAN be suspended. The arguments lay in under what circumstances and in who may suspend it. From the article its not absolutely clear.

In recent years, the writ is most commonly sought by convicted defendants in state prison. Each year, over 18,000 petitions for the writ of habeas corpus are filed in federal court by state prisoners against their prison wardens. But a very slim fraction of those petitions are actually successful, in part due to the limits Congress placed on federal courts reviewing habeas petitions when it enacted the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA). AEDPA significantly limited federal courts’ power to grant habeas relief for state prisoners.

The questions about the scope of and limits on the Great Writ are far from settled. Both the Supreme Court’s Guantanamo decisions and AEDPA remain controversial, as we grapple with the Founders’ vision of the writ and the proper balance to strike between liberty and security.

Interpretation: The Suspension Clause | Constitution Center

Is there a place where all the illegals who have flooded into the country could be considered an invasion? I can see an argument for that.

However I do not see an argument for suspension for those who are here legally. Such as green card holders or those on Visas. I also think asylum seekers should still receive it, but in a far speedier method.

These are the issues at play. Can it be called an invasion and can danger to the public be proven? Who exactly has the power to suspend it? These questions need to be answered as well as who exactly are those who the suspension applies to?

I know a lot of folks here dont like Glen Beck. But he had a great segment on this the other day. What he had to say may surprise many.

 

[wing2000]

This is a decent explanation of habeas corpus and its suspension. Its CAN be suspended. The arguments lay in under what circumstances and in who may suspend it. From the article its not absolutely clear.

Depite the assertions of Steven Miller and Kristi Noem, only Congress can suspend Habeas Corpus.

• Section 9 Powers Denied Congress​

  • Clause 2 Habeas Corpus
  • The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

 

[Aryeh Jay]

Only the best.

 

[rjs330]

Depite the assertions of Steven Miller and Kristi Noem, only Congress can suspend Habeas Corpus.

• Section 9 Powers Denied Congress​

  • Clause 2 Habeas Corpus
  • The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

The idea that only Congress can suspend it has not been settled. And as section 9 points out there are conditions that allow it. One could say millions of people flooding over the boarder is an invasion and many have been proven to be a danger to public safety.

 

[DaisyDay]

The idea that only Congress can suspend it has not been settled. And as section 9 points out there are conditions that allow it. One could say millions of people flooding over the boarder is an invasion and many have been proven to be a danger to public safety.

Do you believe that an immigration problem that's been ongoing for decades constitutes an emergency that would justify the suspension of our most basic rights?

 

[rjs330]

Do you believe that an immigration problem that's been ongoing for decades constitutes an emergency that would justify the suspension of our most basic rights?

Ours? No. A nationwide suspension of habeas corpus for every citizen is not justified.