Legal folks and Dems are getting all worked up over the weekend because Trump officials are talking about suspending habeas corpus without Congress’s OK. This right, which has been around forever, lets anyone in the U.S. who’s detained see a judge, challenge the evidence against them, and defend themselves. But Deputy Chief of Staff Stephen Miller on Friday was like, “Eh, it’s not that big of a deal. We might suspend it on our own.” Steve Vladeck, a law professor at Georgetown, called Miller’s statement “totally nuts” and the scariest thing he’s ever heard from a White House big shot.
Some other legal smarty pants were like, “Hold up, only Congress can suspend habeas corpus, not the president.” The Constitution clearly says that only in cases of rebellion or invasion can this right be suspended, and that’s Congress’s job. Republicans didn’t really have much to say about Miller’s idea, but Dems were all fired up. They think Trump is trying to mess with the courts, skip over the rules, and give the president too much power.
Sen. Chris Murphy said, “You can’t just lock up anyone who doesn’t like the government. Today it’s immigrants, tomorrow it could be any of us. Power can go to someone’s head real quick.” Trump himself has been chatting about this idea, hinting that he knows a way to get around it, but let’s hope he doesn’t go that route. He might be talking about past presidents who suspended this right in times of war or rebellion.
The Supreme Court and some federal judges have recently said that everyone in the U.S., even migrants, has the right to see a judge and defend themselves. But Trump and Miller don’t like that one bit. Miller even called the judges “Marxists” and accused them of trying to take over. Vladeck said Miller was basically threatening the judges, which isn’t cool.
Some law profs pointed out that only Congress can suspend habeas corpus, not the president. It can only happen in very extreme situations like invasion or insurrection. Justice Scalia and Justice O’Connor both said the same thing, emphasizing that this right is a check on the executive branch’s power. Trump and Miller are just trying to make the president all-powerful and discredit the courts.
All in all, it’s a big mess and no one really knows what’s going to happen next. But one thing’s for sure, messing with people’s rights is never a good idea.
