New Hampshire Democratic Senator Maggie Hassan called out Homeland Secretary Kristi Noem after Noem demonstrated that she doesn't understand the legal principle of habeas corpus during a congressional hearing.
In simple terms, a writ of habeas corpus is a court order requiring authorities to bring a detained individual before a judge to justify their continued detention. In the federal system, judges often receive habeas petitions from state prisoners who claim their constitutional rights were violated during their prosecution or imprisonment.
Noem, a former governor who has a degree in political science from South Dakota State University, absolutely should know what habeas corpus is—but nonetheless defended the Trump administration's potentially suspending it amid its crackdown on illegal immigration.
When asked to define habeas corpus, Noem said:
“Well habeas corpus is a constitutional right that the president has to be able to remove people from this country."
Hassan made clear that Noem is very, very wrong:
“Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people. If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason.”
"Habeas corpus is the foundational right that separates free societies like America from police states like North Korea. As a senator from the 'Live Free or Die' state, this matters a lot to me and to my constituents and to all Americans."
"Do you support the core protection that the government must provide a public reason in order to detain or imprison someone?"
Noem replied:
“I support habeas corpus — I also recognize that the president of the United States has the authority under the Constitution to decide if it should be suspended or not."
You can watch their exchange in the video below.
Noem was roundly criticized.
Earlier this month, Stephen Miller, the White House deputy chief of staff, said the Trump administration is "actively looking at" suspending habeas corpus, telling reporters that the U.S. Constitution permits the suspension of habeas corpus in times of "rebellion or invasion."
In a proclamation issued in March, the White House labeled Tren de Aragua—a Venezuelan criminal organization now designated as a foreign terrorist group—as "conducting irregular warfare and undertaking hostile actions" against the U.S. The administration also claimed the gang is "closely aligned" with the Venezuelan government.
The White House said "the result is a hybrid criminal state that is perpetrating an invasion of and predatory incursion into the United States, and which poses a substantial danger." However, this claim has been rejected by the U.S. intelligence community and immigration advocates continue to challenge deportations.
Miller described habeas corpus as a "privilege" but it is not the president, as Noem herself suggested, who has the power to suspend it—it is an authority allocated exclusively to Congress.
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