Saturday, May 10, 2025

YOU SHALL HAVE THE BODY > HABEAS CORPUS: Trump officials suggest suspending habeas corpus. . .Here’s what it means | Washington Post

 

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Habeas corpus, a Latin term meaning "you shall have the body," is a legal writ that protects against unlawful imprisonment or detention.  
 
> It allows an individual to challenge the legality of their confinement in court, ensuring due process. 
 
It's a cornerstone of American jurisprudence, rooted in English common law and enshrined in the US Constitution 

Trump officials suggest suspending habeas corpus. Here’s what it means.

Habeas corpus, the right of an individual to challenge their detention in court, can only be suspended by Congress.

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White House Deputy Chief of Staff Stephen Miller speaks to reporters outside the White House on Friday. (Tom Brenner/For The Washington Post)

CONTEXT: White House Deputy Chief of Staff Stephen Miller has indicated that the Trump administration is actively considering whether it can suspend habeas corpus, the right of an individual to challenge their detention in court.

According to the National Constitution Center, a nonprofit focused on constitutional education, habeas corpus has been suspended four times since the Constitution was ratified. 
Those suspensions took place throughout the country ONLY during
  1. the Civil War, 
  2. in several South Carolina counties overrun by the Ku Klux Klan during Reconstruction, 
  3. in two provinces of the Philippines during a 1905 insurrection, 
  4. and in Hawaii after the bombing of Pearl Harbor.

 This would be the biggest threat to freedom! : r/50501

Stephen Miller Suggests Suspending Habeas Corpus: What That Means For  Migrant Deportations

On Friday, Miller once again put the onus on the independent judicial branch, suggesting that whether the administration will act to suspend habeas corpus “depends on whether the courts do the right thing or not.”

However, there’s “near-universal” legal consensus that only Congress can suspend habeas corpus, “and that unilateral suspensions by the President are per se unconstitutional,” Georgetown University Law Center professor Steve Vladeck pointed out in his Substack newsletter.

Miller, Vladeck added, is “suggesting that the administration would (unlawfully) suspend habeas corpus if (but apparently only if) it disagrees with how courts rule in these cases. In other words, it’s not the judicial review itself that’s imperiling national security; it’s the possibility that the government might lose. That’s not, and has never been, a viable argument for suspending habeas corpus.”

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