Threat from Trump Administration to Suspend Fundamental U.S. Legal Principal Ignites Protests and Anxiety
Rewritten Article:
In a concerning development, concerns have escalated among legal experts and Democrats over the weekend as Trump administration officials have reportedly entertained discussions about potentially suspending habeas corpus, a fundamental American legal protection, without Congress's authorization.
The writ of habeas corpus – a centuries-old right – guarantees that anyone detained within U.S. borders has the ability to appear before a judge, challenge the government's evidence against them, and present their defense. This vital legal safeguard serves as a bulwark against unjust imprisonment.
Stephen Miller, White House Deputy Chief of Staff, downplayed the significance of this right during a press conference on Friday, suggesting that the administration might unilaterally suspend it if needed.
Constitutional law expert Steve Vladeck, a professor at Georgetown University, described Miller's comments as "factually and legally insane" – a provocative declaration that underscored the gravity of the situation. According to Vladeck, such remarks were "the most stunning (and downright terrifying) comments about the federal courts we've ever heard from a senior White House official."
Other legal experts were quick to challenge Miller's assertion that the president could unilaterally suspend habeas corpus. In fact, experts insisted that only Congress has the power to do so, as supported by a years-long legal consensus. Article 1 of the Constitution clearly stipulates that the suspension of habeas corpus can only occur in exceptional circumstances, such as rebellion or invasion, and only when the overall safety of the public mandates it.
Over the weekend, Republican leaders largely declined to address the matter. Democrats maintained that the Trump administration was exploiting its immigration enforcement measures to circumvent traditional legal protections, resulting in a dangerous surge of executive power.
"Granting unbridled detention powers to the executive is a slope that leads to despotism," Sen. Chris Murphy, D-Conn., stated at a democratic rally in Sarasota, Florida. "Now, it is immigrants who face persecution, but tomorrow, it might be you or me."
Reported Involvement of the President
According to CNN, President Trump has reportedly been involved in these discussions surrounding the potential suspension of habeas corpus. In a statement to reporters on April 30, Trump appeared to hint at the issue, stating that there were ways to mitigate it, even suggesting that he might resort to drastic measures.
The White House has yet to respond to requests for comment from media outlets such as NBC News regarding this matter. Historically, when the habeas corpus right has been suspended, it was done by presidents such as Abraham Lincoln, Andrew Johnson, Theodore Roosevelt, and Franklin Delano Roosevelt during critical periods like the Civil War, a rebellion in the Philippines, and after the Pearl Harbor attack.
Recently, the Supreme Court and federal judges have affirmed the right to a hearing for anyone detained within U.S. borders, regardless of immigration status. Trump and Miller have been openly critical of these rulings.
In his comments, Miller described the judges responsible for these decisions as "a group of Marxist judges" engaged in a "judicial coup." Miller also implied that the administration's decision to bypass habeas corpus would depend on the courts' behavior.
legal scholar Ilya Somin, a professor at George Mason University, called Miller's claim about executive power unfounded. According to Somin, "the president can only suspend habeas corpus during times of rebellion or invasion, and this power can only be exercised by Congress, not the president alone."
Somin and others referenced a 2004 Supreme Court decision in which conservative Justice Sandra Day O'Connor concluded that only Congress has the authority to suspend habeas corpus. O'Connor also emphasized that habeas corpus has served as a crucial check on the executive branch's ability to indefinitely detain individuals without cause.
Supreme Court Justice Antonin Scalia, a conservative icon, agreed with O'Connor on this matter, stating that the executive branch could not unilaterally detain citizens "without charge," even in times of rebellion. He explained that the accepted practice has been to prosecute such individuals in federal court for related crimes.
Professor Stephen Gillers, an expert on legal ethics at New York University Law School, argued that Trump and Miller's criticism of the courts and advocacy for expanded executive power represented an attempt to circumvent checks and balances. "Suspending habeas corpus for immigrants is a tactic to sidestep the legal system and consolidate power within the executive branch," Gillers said.
- The discussions about potentially suspending habeas corpus, a fundamental legal protection, allegedly involve President Trump, which has raised concerns within the realm of policy-and-legislation and politics.
- The proposed suspension of habeas corpus, a practice historically used during war-and-conflicts such as the Civil War, could significantly impact credit markets if it leads to instability and uncertainty in general-news.
- Amidst these contentious discussions, experts across universities like Georgetown, George Mason, and New York University have stressed that only Congress has the power to suspend habeas corpus, as stipulated in the Constitution, and not the president.
