Trump blasted by legal experts over suspending habeas corpus
Share this @internewscast.com

Inset: Stephen Miller responds to immigration inquiries (C-SPAN). Background: President Donald Trump participates in the Building America’s Future, Southeastern Pennsylvania Roundtable at the Drexelbrook Event Center on October 29, 2024, in Drexel Hill, Pennsylvania (Matt Bishop/imageSPACE/Sipa USA via AP Images).

The Trump administration‘s floated discussion of suspending the writ of habeas corpus immediately drew strong condemnation in the legal community.

Late Friday, C-SPAN aired a statement from top White House adviser Stephen Miller, indicating the government is “actively considering” halting the writ. He mentioned it hinges on whether the courts take the right steps. CNN later corroborated the gravity of these remarks, revealing that “two individuals with knowledge of the discussions” confirmed President Donald Trump was personally engaged in these talks.

Miller’s statement clarified the previously hinted frustrations of the 45th and 47th president during a press conference in late April. The Trump administration is increasingly agitated by court rulings preventing the immediate deportation of undocumented immigrants under the Alien Enemies Act.

“[T]he short version is that the Founders were hell-bent on limiting, to the most egregious emergencies, the circumstances in which courts could be cut out of the loop,” Georgetown University Law Prof. Steve Vladeck wrote on his blog. “To casually suggest that habeas might be suspended because courts have ruled against the executive branch in a handful of immigration cases is to turn the Suspension Clause entirely on its head.”

Love true crime? Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life crime stories delivered right to your inbox.

The law professor went on to say Miller was “wrong” about the conditions necessary to revoke habeas under the U.S. Constitution.

“Well, the Constitution is clear,” Miller said. “And that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion.”

Vladeck’s response to that claim goes on, at length [emphasis in original]:

The Suspension Clause does not say habeas can be suspended during any invasion; it says “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.” This last part, with my emphasis, is not just window-dressing; again, the whole point is that the default is for judicial review except when there is a specific national security emergency in which judicial review could itself exacerbate the emergency. The emergency itself isn’t enough.

The writ of habeas corpus is a 900-year-old legal protection afforded to persons against authoritarian impulses of law enforcement and government executives which allows an advocate to argue someone is being illegally confined, detained or imprisoned. It is generally considered the bedrock of the American and British legal systems.

The writ also attempts to force the government to answer questions in court and account for its actions by forcing an administrative process on, for example, the detention and deportation of immigrants.

Share this @internewscast.com
You May Also Like

Seven Arrested in Alabama Child Sexual Abuse Case

Seven people have now been charged with a disgusting sexual abuse case…

Court of Appeals Overturns Mike Lindell’s $5 Million Defeat

Mike Lindell gives a thumbs up as he passes by a rally…

12-Year-Old Girl Pursues Attempted Burglar Across Tennessee Soybean Field

A 12-year-old girl from Tennessee chased a burglar through a soybean field…

Dentist on Trial for Wife’s Alleged Poisoning Accused of Plotting Investigator’s Murder, Claims Cellmate

Two people who were previously jailed with James Craig testified Wednesday in…

“Child Left on Porch: Woman on Probation Faces Charges for Leaving Toddler Unattended”

Staff report GAINESVILLE, Fla. – On June 18, Sarah Diane Lefevers, 42,…

Bryan Kohberger’s Latest Mugshot Unveiled Amid Consideration for His Transfer to a Notorious High-Security Prison

Idaho killer Bryan Kohberger will spend the rest of his life in…

University Instructors Pondered ‘Intervention’ for Bryan Kohberger Due to His Disturbing Behavior Toward Women

Recently unsealed documents — coinciding with the day Bryan Kohberger was sentenced…

Elderly Man, 74, Charged with Murder After Mistaken Door Knock Incident

Left inset: Leroy King (Norfolk police). Right inset: Albert Johnson (Metropolitan Funeral…

Central Park 5 Request Judge to Expedite Trump Defamation Lawsuit

President Donald Trump at the White House Faith Office luncheon in the…

Man Accused of Supplying Gun and Instructions in Bikie Associate’s Alleged Daylight Execution

Marvin Oraiha, 24, was found dead on the driveway of his home…

Arrest made in suspected liquid methamphetamine oil scheme

A man has been charged over an alleged plot to import liquid…

Bodycam Footage Captures Police Arresting Alleged Car Thief Accompanied by a Therapy Dog

Body-worn camera footage has shown the moment a police officer arrested a…