Public Notice: Miller threatens to suspend habeas unless Trump can defy judges

[Dennis Donovan]

Public Notice - Miller threatens to suspend habeas unless Trump can defy judges

Either way, the rule of law loses.

Lisa Needham
May 13, 2025

So here it is. The habeas explainer you shouldn’t need. Not because you should be well-versed in all things habeas, but because we shouldn’t even need to talk about whether Donald Trump can suspend the rule of law so his administration can more effectively terrorize immigrants. But that’s where we’re at.

On Friday, the staggeringly ghoulish White House deputy chief of staff, Stephen Miller, told a press gaggle that the administration was looking at suspending habeas corpus.

“The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended at a time of invasion,” he said. “So I would say that’s an action we’re actively looking at.” (Watch below.)

Miller is at least correct that the writ of habeas corpus appears in the Constitution, but he’s wrong about most everything else.

Habeas corpus is Latin for “you have the body.” A detainee or prisoner can challenge their detention by petitioning for a writ of habeas. That requires the government to produce the person before the court so the judge can determine if their imprisonment is unlawful.

/snip

[regnaD kciN]

1. I liked John Cleese's reply...

…that “we should be actively looking at suspending Stephen Miller…preferably by the neck.”

[hildegaard28]

2. The Goebbels

Look-a-like needs to suffer the same fate as Goebbels.

[bucolic_frolic]

3. Both sides of his equation negate habeas corpus. Their way or the highway. As usual. /nt

[Clouds Passing]

4. We are experiencing an invasion, one of notsees, facists, white supremos and kkks

[Walleye]

5. Hey Miller, if we are being invaded, why don't you join the army and fight?

[struggle4progress]

6. Sturmfuhrer Nosferatu says: "Either judges let us ignore the constitution -- or else

we'll ignore the constitution!"

[LetMyPeopleVote]

7. Maddow Blog-Kristi Noem flunks an important test on the basic meaning of habeas corpus

The homeland security secretary was asked to define habeas corpus. Her outrageously wrong answer was humiliating — but it was also important.

It's tempting to laugh at Kristi Noem’s humiliating ignorance about the meaning of habeas corpus, but this isn’t just some embarrassing gaffe.

Given the scope of her powers, her cluelessness matters.

(And in a healthier environment, Noem would be forced to resign in embarrassment right about now.)

— Steve Benen (@stevebenen.com) 2025-05-20T16:48:08.242Z

https://www.msnbc.com/rachel-maddow-show/maddowblog/kristi-noem-flunks-important-test-basic-meaning-habeas-corpus-rcna207982

There’s been considerable discussion in recent weeks about basic legal principles such as habeas corpus and the degree to which the Trump administration is hostile toward the bedrock foundations of the American system of government. What’s gone largely overlooked, however, is whether Trump administration officials have a high-school-civics-class-level understanding of what these legal principles are.

Take Homeland Security Secretary Kristi Noem, for example. Axios reported:

Homeland Security Secretary Kristi Noem botched questions about habeas corpus at a Senate hearing Tuesday, falsely asserting the check on the government’s power to detain people actually gives President Trump a “constitutional right” to conduct deportations.

There’s been considerable discussion in recent weeks about basic legal principles such as habeas corpus and the degree to which the Trump administration is hostile toward the bedrock foundations of the American system of government. What’s gone largely overlooked, however, is whether Trump administration officials have a high-school-civics-class-level understanding of what these legal principles are.

Take Homeland Security Secretary Kristi Noem, for example. Axios reported:

Homeland Security Secretary Kristi Noem botched questions about habeas corpus at a Senate hearing Tuesday, falsely asserting the check on the government’s power to detain people actually gives President Trump a “constitutional right” to conduct deportations.
https://bsky.app/profile/did:plc:4llrhdclvdlmmynkwsmg5tdc/post/3lpmbmmjkjk2i?ref_src=embed&ref_url=https%253A%252F%252Fiframe.nbcnews.com%252FM7Qndazh

Link to tweet

.....In case this weren’t quite enough, when Democratic Sen. Andy Kim of New Jersey asked the Cabinet secretary which part of the Constitution includes habeas corpus, Noem was again stumped.

https://bsky.app/profile/did:plc:4llrhdclvdlmmynkwsmg5tdc/post/3lpmdrjzm4k2i?ref_src=embed&ref_url=https%253A%252F%252Fiframe.nbcnews.com%252FlyrF0Vwh

Link to tweet

The significance of this goes well beyond marveling at a powerful official’s ignorance. Earlier this month, Stephen Miller, a White House deputy chief of staff, told reporters that White House officials are “actively looking” at possibly suspending the writ of habeas corpus. If this were to happen, the Trump administration would have the power to lock people up without charges, and prisoners would not have the ability to contest their incarceration.

Eleven days after Miller made those comments, the homeland security secretary couldn’t even offer a basic definition of what habeas corpus is — despite the scope of her powers, and despite the fact that this legal principle has existed for the better part of a millennium.

In a healthier political environment, a fiasco such as this one would lead to credible discussion about whether Noem should be forced to resign in embarrassment.