HHS Legal Nominee Grilled on Habeas Corpus and Presidential Directives

Upholding the Law Over Directives

• ⚖️ Nominees were asked if they would follow a presidential directive that violates the law, with all stating they would be faithful to the law.
• ⚠️ Senator Hassan noted the unlikelihood of a president issuing an unlawful directive, but emphasized its importance.

Habeas Corpus: A Foundational Principle

• 📜 James Percival, nominee for DHS General Counsel, was questioned about the meaning and significance of Habeas Corpus.
• 🗣️ Percival defined Habeas Corpus as a judicial review mechanism and mentioned the suspension clause and its implications.
• 💡 Senator Hassan stressed that Habeas Corpus is the bedrock principle preventing arbitrary imprisonment, essential for a free society like the U.S., unlike countries like North Korea or Iran.
• ❓ Hassan pressed Percival to agree that Habeas Corpus is a critical right for a free society, to which he affirmed the Constitution protects the writ in enumerated circumstances.

Adherence to Court Orders

• 🏛️ When asked if he would advise the Secretary to follow a court order compelling DHS to produce a detainee, Percival stated he would act consistent with the administration's policy of following court orders.

Cybersecurity Grant Programs

• 💻 Senator Hassan also discussed the reauthorization of the Cybersecurity Information Sharing Act of 2015 and the State and Local Cybersecurity Grant Program.
• ✅ Mr. Karen Cross committed to working with the Senator on reauthorizing these programs, highlighting the importance of federal, state, and local collaboration on cybersecurity.
• 💰 The need for grants to equip state and local governments with necessary tools and expertise due to budget and hiring limitations was emphasized.