Trump administration ‘looking at’ suspending habeas corpus, Stephen Miller says
White House deputy chief of staff for policy Stephen Miller said Friday that the Trump administration is “actively looking at” suspending the writ of habeas corpus, which is the right to challenge the legality of a person’s detention by the government.
Miller’s comment came in response to a White House reporter who asked about President Donald Trump entertaining the idea of suspending the writ of habeas corpus to deal with the problem of illegal immigration into the United States.
Asked when that might happen, Miller responded: “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 in time of invasion.”
“So, I would say that’s an option we’re actively looking at,” he said.
Miller said that Trump’s decision on whether to suspend the writ of habeas corpus “depends on whether the courts do the right thing or not.”
Miller implied that “the right thing” is for judges to stop blocking the administration’s deportation of undocumented immigrants in cases where those people are exercising habeas writs.
The writ of habeas corpus has been suspended only four times since the U.S. Constitution was adopted, and in all but one instance, Congress first authorized the suspension.
The idea of habeas corpus originated in English common law.
“No man shall be arrested or imprisoned…except by the lawful judgment of his peers and by the law of the land,” a provision in the Magna Carta, signed by King John in the early 13th Century, says.
The U.S. Constitution, in Article 1, section 9, 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.”
Miller’s use of the word “invasion” reflects the Trump administration’s argument that the U.S. faces an “invasion” of undocumented migrants.
~“The Constitution is clear and the Supreme Law of the Land when it comes to the things we want to cherry-pick to further our agenda.”
When it doesn’t support MAGA goals, it’s not so much and Trump doesn’t even have to “uphold” it.