Homeland Security Secretary Kristi Noem Mocked After Being Unable To Define Habeas Corpus At Senate Hearing

In a Senate hearing this week, Homeland Security Secretary Kristi Noem incorrectly defined the meaning of habeas corpus.

Sen. Maggie Hassan (D-New Hampshire) asked Noem what habeas corpus is. Noem responded: “Well, habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to—” before Hassan cut her off and correctly explained what habeas corpus is.”

Habeas corpus is a legal procedure that requires the government to justify the detention and imprisonment of people.

The Clause states, “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.”

President Donald Trump has already attempted to bypass habeas corpus by invoking the 1798 Alien Enemies Act as a way to speed up the deportations of Venezuelan immigrants by trying to connect the individuals to the Tren de Aragua gang. The Supreme Court has already ruled that migrants are entitled to due process.

White House adviser Stephen Miller suggested suspending habeas corpus to continue deportations quickly. Trump has complained multiple times about how habeas corpus is slowing down his desired pace for deportations.

Sen. Andy Kim (D-New Jersey) continued to question Noem following her incorrect explanation of habeas corpus. Kim asked if Noem understood that the suspension of habeas corpus requires congressional authorization. Noem responded that President Abraham Lincoln suspended habeas corpus without congressional approval.

In fact, the courts struck down Lincoln’s habeas corpus suspension, leading to the three following suspensions that were done with congressional authorization.

Noem has stated that she believes Trump should be allowed to suspend habeas corpus without authorization from Congress based on the actions of previous presidents. She has also stated that neither Trump nor his administration has discussed the possible suspension with her.