By Staff Writer, May 20, 2025
President Donald Trump’s Homeland Security Secretary Kristi Noem made a bold statement on Tuesday, claiming that the president has the power to suspend habeas corpus — the constitutional right that allows people to challenge their detention in court. But her argument fell apart quickly, as legal experts — and even a Supreme Court justice appointed by Trump — disagreed.
“What is habeas corpus?” Sen. Maggie Hassan of New Hampshire asked Noem during a committee hearing.
“Habeas corpus is a constitutional right that the president has to be able to remove people from this country, and suspend their right to—” Noem began, before a visibly stunned Hassan cut her off.
“Let me stop you,” the Democratic senator interjected. “Excuse me, that is incorrect.”
“President Lincoln used it,” Noem replied, doubling down.
Hassan clarified:
Read more: Amy Coney Barrett’s Opinion Obliterates Kristi Noem’s Presidential Power Claim – The Daily Boulder
“Habeas corpus is the legal principle that requires the government to 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.”
Source Links: Amy Coney Barrett’s Opinion Obliterates Kristi Noem’s Presidential Power Claim
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