Tuesday, May 13, 2025

Public Notice appropriately describes Stephen Miller as "the staggeringly ghoulish White House deputy chief of staff"

 
Headline:  Public Notice, 5/13/2025

Lisa Needham reports:
“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 at a time of invasion,” he said. “So I would say that’s an action we’re actively looking at.” 
Miller is at least correct that the writ of habeas corpus appears in the Constitution, but he’s wrong about most everything else. 
Habeas corpus is Latin for “you have the body.” A detainee or prisoner can challenge their detention by petitioning for a writ of habeas. That requires the government to produce the person before the court so the judge can determine if their imprisonment is unlawful. 
Habeas is such a foundational part of Anglo-American law that it well predates the nation’s founding. When England’s King John signed the Magna Carta in 1215, a provision stated that “no man shall be arrested or imprisoned ... except by the lawful judgment of his peers and by the law of the land.” In the United States, the right to habeas appears in the very first Judiciary Act in 1789, giving all federal judges the power to grant the writ.  [emphasis added] 

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