Legal experts and Democrats have voiced serious concerns regarding statements from Trump administration officials about potentially suspending habeas corpus, a fundamental legal right in the U.S., without congressional approval. This writ guarantees that detained individuals can challenge their detention in court. White House Deputy Chief of Staff Stephen Miller downplayed the significance of habeas corpus, suggesting the administration might pursue this option unilaterally.
Constitutional law professor Steve Vladeck criticized Miller’s comments as “factually and legally nuts,” asserting that only Congress has the authority to suspend the writ of habeas corpus, as outlined in Article 1 of the Constitution. Legal scholars emphasize a long-standing consensus that such a suspension can only occur during situations of rebellion or invasion, which does not apply currently.
While senior Republicans mostly avoided addressing Miller’s claims, Democrats accused the Trump administration of using its immigration policies to weaken the judicial branch’s power. Senator Chris Murphy cautioned against granting the executive branch the power for arbitrary detentions, warning that the impact could extend beyond marginalized groups and threaten civil liberties.
Reports suggest President Trump has been involved in discussions concerning habeas corpus suspension and hinted at historical precedents from former presidents who invoked such measures during crises. However, legal experts, including Ilya Somin and Jonathan Adler, reaffirmed that only Congress can suspend this right, referencing a 2004 Supreme Court ruling.
Miller’s remarks have been interpreted as a threat to judges, indicating the administration might unlawfully suspend habeas corpus in response to unfavorable court decisions. Legal ethics expert Stephen Gillers argued that these actions represent an attempt to undermine judicial checks and maximize presidential power, ultimately sidelining the courts.
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