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Brooks D. Simpson, Foundation Professor of History, Arizona State University

Debates over presidential power to suspend habeas corpus resurface in Trump administration

There's a conflict brewing over the rights of the arrested and detained; it's not a new conflict. busra İspir, iStock/Getty Images Plus

The principle of habeas corpus, a legal phrase, is a simple one: Translated from the Latin as “produce the body,” it provides that a judge may compel prosecutors to supply evidence to determine whether someone has been legally detained or arrested.

In the U.S., a detained or arrested individual, or their legal representative, may ask a judge to decide based on the evidence presented whether the detainee has been legally confined. That process is termed “seeking a writ.”

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