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Reason
Reason
Billy Binion

What Kristi Noem Gets Wrong About Habeas Corpus

Homeland Security Secretary Kristi Noem at a congressional hearing on Tuesday had a contentious exchange about habeas corpus, the constitutional right that allows people to challenge their imprisonment in court.

Sen. Maggie Hassan (D–N.H.): What is habeas corpus?

Noem: Well habeas corpus is a constitutional right that the president has to be able to remove people from this country—

Hassan: No, let me stop you ma'am—

Noem: —and suspend their right to, suspend their right to—

Hassan: Excuse me, that's incorrect.

Noem: President Lincoln used it.

Habeas corpus is a fundamental civil liberty: It effectively forces the state to justify why it is detaining someone. It is, by definition, a check on the government, not a right it possesses.

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