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#habeascorpus

54 posts31 participants11 posts today
Continued thread

"In a legal filing defending Donald Trump’s use of the Alien Enemies Act (of 'Alien and Sedition Acts' notoriety) to send people to El Salvador’s notoriously brutal prison camp, government attorneys argued something astonishing: The president has 'inherent' authority to deport anyone, anywhere, at any time—bypassing any limit imposed by Congress and beyond the reach of the courts."

~ Andy Craig

#Trump #StephenMiller #HabeasCorpus #immigrants #AlienEnemiesAct #Nazis
/3

theunpopulist.net/p/trumps-eff

The UnPopulist · Trump’s Effort to become the Supreme Leader Has Roots in a Nazi PhilosopherBy Andy Craig
Continued thread

"the 39th clause of which states, 'No free man shall be seized or imprisoned...except by the lawful judgment of his equals and by the law of the land.' Miller is proposing to reverse all English-speaking jurisprudence since 1215. I think if you find yourself on the wrong side of human rights from John Lackland, it's time for us to be quite done with you."

#Trump #StephenMiller #HabeasCorpus #immigrants
/2

"Despite whatever is rattling around [Stephen] Miller's febrile cabeza, habeas corpus is not a revocable privilege. It is a right guaranteed to everyone incarcerated. In calling it a 'privilege' that 'could be suspended' to suit the whims of his boss, Miller proves himself to be a traitor not only to the American idea, but also to the freaking Magna Carta (!),"

~ Charles Pierce

#Trump #StephenMiller #HabeasCorpus #immigrants
/1

esquire.com/news-politics/poli

Esquire · The White House Just Casually Floated a Move That Would Be Traitorous to the Very Idea of AmericaBy Charles P. Pierce
Continued thread

Last Friday, we talked a little bit about Stephen Miller trotting out onto the White House lawn out of seemingly nowhere to threaten the judiciary and folks who oppose the regime's fascist mass deportation schemes, with the suspension of the writ of habeas corpus; which means your right to challenge your detention in court. As I pointed out then, what Miller was proposing effectively, was enacting yet another emergency power based on a made up invasion that's already been rejected by (3 now) judges in court, to indefinitely cage or imprison anyone they want for any reason they want; this is of course because if you have no right to challenge your detention in court, it literally does not matter why the government says they're holding you - they just can. Of course Miller couched this in language that both threatened judges and implied this authority would be used to round up and deport migrants, but the power Trump's unofficial minister of nazism was proposing here could and likely would be used to target virtually anyone who opposes the regime and its fascist agenda.

As I also pointed out however, Miller's threat would be heinously illegal; the fascist administration would be effectively suspending the constitution, and the power to do that traditionally does not reside with the office of the President for very good reasons. There is only one time in US History where a President suspended the writ of habeas corpus on his own, and that president was literally Abe Lincoln during the actual fucking civil war. Furthermore, the situation was understood to be so extraordinary and potentially dangerous, that Congress got together after the fact and legitimized Lincoln's play; the other three times the government has suspended “The Great Writ” all required congressional authorization. All of which is of course to say nothing of the fact that doing so *requires* a threat to public safety that necessitates even considering suspending the writ in the first place; no such threat exists here obviously, Miller and Der Leader are simply upset that judges have insisted the government respect the due process rights of migrants.

Of course, I can tell you all this, but I am not a lawyer or a professor of law. So to make the point abundantly clear, I'd like to share this Truthout Article by Marjorie Cohn, who is in fact a law professor, to explain all the ways this is definitely illegal fascist bullshit.

truthout.org/articles/stephen-

Stephen Miller’s Argument for Suspending Habeas Corpus Is Legal Garbage

“A suspension [of habeas corpus] is temporary, but the power it confers is extraordinary,” Barrett and Katyal wrote in their National Constitution Center article. “When a suspension is in effect, the president, typically acting through subordinates, can imprison people indefinitely without any judicial check.”

It is becoming increasingly clear that Trump will stop at nothing to impose his will – the commands of the Constitution notwithstanding. On May 4, Trump refused to say on “Meet the Press” that he was bound by the Due Process Clause of the Constitution.

For now, federal judges are serving as speed bumps in Trump’s cruel and illegal war on migrants. Trump has packed the Supreme Court with radical right-wingers who may well overturn some of those lower court rulings. But Trump has already defied the high court’s ruling that his administration facilitate the return of Kilmar Abrego Garcia from El Salvador. We can only hope that the “justices” on the high court maintain their reverence for the Constitution, even though the president does not."

I know that legal language makes a lot of people's eyes glaze over, but I strongly encourage you to just read the whole article because it does a very good job of explaining precisely how illegal and authoritarian Miller's proposal to suspend the writ of habeas corpus actually is. The gist of it however is that president Trump doesn't have the power to suspend the writ without Congressional authorization, there absolutely is no invasion to justify doing so, and Miller is openly lying when he says that the Immigration and Nationality Act strips judiciary oversight and appellate review for the regime's mass deportation activities.

Of course as the author (and many others) point out, the illegality of their activities has only marginally stopped Trump so far; the regime is currently ignoring multiple court orders and the President is openly declaring that he's not sure if he has an obligation to uphold the US Constitution in media interviews; despite the fact that upholding the Constitution is one of the things all Presidents swear to do on live TV while being inaugurated. Miller was certainly trying to cow American judges to ram through Trump's mass deportation project, but we've seen the pattern of this regime transforming fascist musings into enforced reality far too many times to believe he's not being serious.

White House Deputy Chief of Staff Stephen Miller talks to reporters outside of the White House West Wing on May 9, 2025, in Washington, D.C. Miller talked about recent federal court rulings on immigration, calling them part of a "judicial coup" against the administration of President Donald Trump.
Truthout · Stephen Miller’s Argument for Suspending Habeas Corpus Is Legal GarbageSuspending the right to challenge the legality of one’s detention in court would shred a core tenet of the Constitution.

Rs:🚨SILENT -refused to disavow Miller’s stmt: admin is looking at suspending #habeascorpus *essentially declaring martial law +stayed quiet after: admin ann -planning to accept a gift of a jet from the Qatari royal fam.

53 R senators didn't Q re: Trump didn't know if he'd uphold the Const. Only Sen Paul posted on SM: ​​“Following the Const isn't a suggestion..."

Miller’s wants to suspend habeas bc the US is under attack by "21M Illegal Aliens" -REP: failed in ct.
#USPol
heathercoxrichardson.substack.

Letters from an American · May 12, 2025By Heather Cox Richardson
Continued thread

"Trump’s go-to tactic increasingly involves dramatic shows of force against elected officials on spurious grounds. In doing so, they show their thuggish contempt for the rule of law, not to mention their frustration over repeated courtroom humiliation."

~ Jennifer Rubin

This is the fascist playbook: meet any checks with increased violence and coercion to show who has the whip in hand.

#Trump #StephenMiller #HabeasCorpus #Constitution #courts #fascism
/3

contrarian.substack.com/p/trum

The Contrarian · Trump and his Henchmen lash out when they lose...By Jennifer Rubin

"We’re nearing the ‘suspend habeas corpus’ and ‘arrest members of Congress’ stages of fascism now ...

A mayor arrested on Friday, on Saturday an administration spokesblonde rrr-grring that members of Congress could get arrested soon for protesting," (continued in /2)

~ Marcie Jones

#Trump #StephenMiller #HabeasCorpus #Constitution #courts #fascism
/1

wonkette.com/p/guess-were-near

Wonkette · Guess We’re Nearing The ‘Suspend Habeas Corpus’ and ‘Arrest Members Of Congress’ Stages Of Fascism NowBy Marcie Jones

I keep seeing habeas corpus discourse. Libs shouting that it's basically the last firewall against fascism and conservatives always arguing that Trump would only take it away from criminals. This leaves Libs befuddled.

Let me explain. Conservatives have a child-like understanding of the world. They see the police like a kid sees a parent: in charge and infallible. They see their masters as infallible and virtuous by their *nature*.

To put it simply, they are stupid.

Multiple voices in the US ( MAGA ) are trying to take down the #habeascorpus .

What this means for America is that every person on American soil can loose their rights at the discretion of the elected officials ( MAGA ).

What this means for you, tourist.
DON'T TRAVEL TO THE USA.

It's sad, it's a beautiful country, I know.
But right now, please stay safe.

“Sen Barrasso dodges multiple Qs about whether he’d support suspending habeas corpus for undocumented #immigrants in the country, ultimately saying he didn’t think the issue would come before Congress.”

GOP MOC have repeatedly given Trump carte blanche -treat him as a🚨KING. They’re allowing him to disregard the #Constitution with respect to the #DOJ, #dueprocess, #habeascorpus, #separationofpowers

Attend a #June14 NO KINGS rally.

A #GeneralStrike is needed.

#USPol

nbcnews.com/politics/congress/

NBC News · Sen. John Barrasso dodges when asked whether he would support suspending habeas corpusBy Megan Lebowitz