Kristi Noem: Getting schooled on habeas corpus (AP)
One might expect that a cabinet secretary in a U.S. presidential administration could pass a junior-high civics test. But an article at Alternet suggests that is not the case with current Secretary of Homeland Security Kristi Noem. Jessica Corbett expounds on that idea under the headline "'Abject stupidity': Critics pounce as Kristi Noem fails junior high civics test":
Fueling further alarm over the Trump administration's lurch toward authoritarianism, U.S. Homeland Security Secretary Kristi Noem could not accurately describe the principle of habeas corpus when asked a question that may appear on a junior high school student's civics exam during a Tuesday morning Senate hearing.
"So Secretary Noem, what is habeas corpus?" Sen. Maggie Hassan (D-N.H.) asked during the Senate Committee on Homeland Security and Governmental Affairs hearing about the fiscal year 2026 budget request.
"Well," Noem responded, "habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to—"
At that point, Hassan cut her off, saying: "Let me stop you... That's incorrect... Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people."
"If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason," Hassan continued. "Habeas corpus is the foundational right that separates free societies like America from police states like North Korea. As a senator from the 'Live Free or Die' state, this matters a lot to me and my constituents, and to all Americans."
Even with Hassan's help, Noem still did not seem to get the idea. In other words, the "teacher" was helping her, but Noem remained lost on a junior-high civics exam. It's like she was failing an open-book test. Corbett reports:
"So, Secretary Noem, do you support the core protection that habeas corpus provides that the government must provide a public reason in order to detain and imprison someone?" the senator asked.
The secretary replied: "Yeah, I support habeas corpus. I also recognize that the president of the United States has the authority under the Constitution to decide if it should be suspended or not. Let us be clear, though, that this president—"
Hassan interjected again, pointing out that "it has never been done without approval of Congress," and even former President Abraham Lincoln got retroactive approval for his suspension during the U.S. Civil War.
At this point, Hassan must have been thinking, "How did this "student" ever get into my classroom, and how am I going to get rid of her?" Many others seemed o be thinking, "How low is the bar for intellectual capacity in the Trump administration? Answer: That bar is laying on the ground. All you have to do is step over it. Corbett writes:
Lawyers, journalists, and other critics described Noem's remarks as "highly concerning," "embarrassing," and "jaw-dropping."
"This is extraordinary," said Aaron Reichlin-Melnick, senior fellow at the American Immigration Council. "The secretary of Homeland Security doesn't know what the right of habeas corpus is (the ancient right to go to court to challenge government detention) and offers an incoherent definition which suggests she thinks it's a presidential power to deport people?"
Independent journalist and legal analyst Katie Phang declared that "the level of abject stupidity" in President Donald Trump's Cabinet picks "is mindblowing."
That is an admission that Noem is not alone in her ignorance on the Trump cabinet. She has company in the form of Robert F. Kennedy Jr., Pam Bondi, Kash Patel, and others. (I'm not sure it's accurate to say Bondi is ignorant, but she certainly is ethically challenged, as we will show in a series of upcoming posts. As for Patel, he probably isn't ignorant either, but we've seen signs that he isn't serious about his job, preferring to boogie down at nightclubs and jet around to hockey games, where he can be seen schmoozing with Hall of Famer Wayne Gretzky. Corbett writes:
Habeas corpus is Latin for "that you have the body." As Cornell University's Legal Information Institute (LII) explains: "In the U.S. system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid. A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful."
The U.S. Constitution states that "the privileges of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it."
LII notes that "only Congress has the power to suspend the writ of habeas corpus, either by its own affirmative actions or through an express delegation to the executive. The executive does not have the independent authority to suspend the writ." Since the late 1700s, Congress has passed various related laws.
By this time, Noem probably wanted to exit the building and head out into a field, where she could find a dog or goat to fatally shoot. But pesky U.S. senators would not leave her alone:
Habeas corpus is Latin for "that you have the body." As Cornell University's Legal Information Institute (LII) explains: "In the U.S. system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid. A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful."
The U.S. Constitution states that "the privileges of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it."
LII notes that "only Congress has the power to suspend the writ of habeas corpus, either by its own affirmative actions or through an express delegation to the executive. The executive does not have the independent authority to suspend the writ." Since the late 1700s, Congress has passed various related laws.
Later in Tuesday's hearing, Sen. Andy Kim (D-N.J.) asked Noem, "Can you confirm to us that you understand that any suspension of habeas corpus requires an act of Congress?"
Noem said: "President Lincoln executed habeas corpus in the past with a retroactive action by Congress. I believe that any president that was able to do that in the past, it should be afforded to our current-day president."
"This president has never said that he's going to do this," Noem continued. "He's never communicated to me or his administration that they're going to consider suspending habeas corpus, but I do think the Constitution allows them the right to consider it."
Trump's second administration has framed unauthorized immigration as "the invasion at the southern border."
White House Deputy Chief of Staff Stephen Miller told reporters earlier this month that "the Constitution is clear—and that of course is the supreme law of the land—that the privilege of the writ of habeas corpus can be suspended in a time of invasion, so it's an option we're actively looking at" as part of the Trump administration's pursuit of mass deportations.
Miller suggested the possible suspension of habeas corpus—or attempt at it—depends on what courts do. The Trump administration has targeted multiple legal immigrants who have been critical of the U.S.-backed Israeli assault on the Gaza Strip for deportation. Some of them have recently been freed from detention by federal judges in response to their legal teams filing habeas corpus petitions.
Republicans narrowly control both chambers of Congress, but it's not clear all GOP members would support a suspension.
"I was a conservative Republican long before Donald Trump became a Republican, joined the Reform Party, became a Democrat, became a Republican again, became an Independent, and finally returned to the Republican Party," David Chung, an editorial fellow at Iowa's The Gazette, wrote Sunday. "But after reading this column, I'm sure some of my Republican friends will accuse me of being a RINO—a Republican in Name Only."
Chung highlighted that after Miller's remarks, during a U.S. House of Representatives hearing last Wednesday, Rep. Eli Crane (R-Ariz.) asked Noem if the current state of illegal immigration into the United States met the "invasion" requirements for a suspension. The secretary said, "I'm not a constitutional lawyer, but I believe it does."