Does Kristi Noem know what habeas corpus is? One thing we know for certain: She would very much like Americans to believe she does not. On Tuesday, the head of the Department of Homeland Security (DHS) used a Senate hearing to insist the legal term means the opposite of its actual definition. "Habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to," Noem said through her unnervingly Botox-inflated lips. She was interrupted by Sen. Maggie Hassan, D-N.H., who explained to a smug-looking Noem that, no, habeas corpus "requires that the government provide a public reason for detaining and imprisoning people" and is the reason it's illegal for Donald Trump to round up immigrants and imprison them in foreign gulags without offering a legal reason why.
Was Noem legitimately confused? Jonathan Chait of the Atlantic thinks so, writing that Noem's "ignorance appears to be utterly genuine." After all, "habeas corpus" is a Latin term used by lawyers but not much by laypeople, especially those, like Noem, who got a college degree through online courses at age 40. But I'm not so sure that Noem, who has been neck-deep in this debate about basic human rights for months, is as dumb as she seemed in that moment. Those who keep watching will notice that Noem doesn't act embarrassed when she's corrected, like normal people do when they get something so terribly wrong. Instead, she insists that "the President of the United States has the authority under the Constitution to decide if it should be suspended or not." In this lie, Noem admitted that Trump is trying to suspend habeas corpus, not uphold it. It suggests that she knows full well what the actual legal battle is about.
