Kristi Noem Misunderstands Habeas Corpus in Senate Hearing

Misstatement of Habeas Corpus

• 💡 Secretary Noem initially defined habeas corpus as a presidential right to remove people from the U.S., which was quickly corrected.
• 🎯 Senator Hassan clarified that habeas corpus is a legal principle requiring the government to provide a public reason for detaining individuals, preventing indefinite imprisonment without cause.

Importance of Habeas Corpus

• 🔑 Hassan emphasized that habeas corpus is a foundational right that distinguishes free societies from police states.
• 🇺🇸 She highlighted its significance as a senator from the "live free or die" state, underscoring its importance to all Americans.

Presidential Authority and Congressional Approval

• 🏛️ Noem stated her support for habeas corpus and acknowledged the president's authority to suspend it, but noted it has never been done without congressional approval.
• 📜 Even Abraham Lincoln sought retroactive approval from Congress for such actions.

Compliance with Court Orders

• ⚖️ When asked if she would comply with a federal court order to uphold habeas corpus if the president attempted to suspend it, Noem affirmed compliance with all federal court orders.
• ⚠️ This commitment was made despite the assertion that the administration is not always following court orders, particularly concerning the return of mistakenly deported individuals who lacked due process.