Trump administration ‘looking at’ suspending habeas corpus, Stephen Miller says

In a development that would have undoubtedly drawn the ire of framers of the constitution, the Trump administration is reportedly considering suspending habeas corpus--a fundamental legal safeguard against arbitrary detention. Stephen Miller, a senior adviser to President Trump, has suggested invoking the Constitution's provision allowing such suspension during times of "rebellion or invasion," citing immigration challenges as justification.

As a staunch defender of civil liberties and a vocal critic of authoritarian overreach, I categorically condemn this move as a dangerous erosion of constitutional rights. The administration's rationale, equating immigration issues with an "invasion," as repeatedly been struck down by the courts.

Moreover, the use of the Alien Enemies Act to expedite deportations without due process, particularly targeting Venezuelan migrants, echoes historical instances where governments have overstepped legal boundaries during perceived crises.

In essence, the potential suspension of habeas corpus and the broader implications for civil liberties is, in my view, a troubling indication of this administration's authoritarian tendencies which are undermining the very democratic principles they purport to protect. Wherever fascistic ideas are advocated and implemented in this administration, it seems that behind it all, is Stephen Miller.

And to those who raise the specter of Lincoln and Roosevelt, who suspended habeas corpus, it was in the context of an actual civil war or declared global conflict--genuine rebellions or invasions threatening the survival of the state. Trump’s case is categorically different: no war, no armed insurrection--only an exaggerated framing of immigration as “invasion” to justify sweeping executive powers. This is not an existential emergency, but a politicized pretext. Using habeas suspension here would mark not a response to rebellion, but a rebellion against constitutional constraints themselves.

Copilot weighs in:

https://www.cnbc.com/2025/05/09/trump-deportation-habeas-corpus-miller.html

 

I can’t wait to find out how this is going to make America great again.

I feel sick.

 

“It can’t happen here”……..until it does.

 

This is really quite alarming!

 

Yep.

The real threat is Trump and his minions. How much more of this insanity must we endure?

 

Who could have predicted? Oh wait I did, long ago.

 

Oh, sure you are. We all watched you cheerlead ballot stripping, asset stripping, lawfare as you dreamed of Bribed Joe or Kackle's political opponent who was beating them in the polls, being thrown in jail during the election.

 

It already has. So, it isn't unprecedented.

 

Says the guy who wants to ban guns, gas burning cars, water heaters, etc. After all the unconstitutional laws pushed by the Left's over the past few decades, y'all can't start being "staunch defenders" of the Constitution, now.

 

Habeas Corpus, per the US Constitution, is a suspendable privilege.

Did you 'feel sick' while Bribed Joe, Kackles, and the Open Borders Left were facilitating the invasion of our nation by illegals, felons, drug dealers, sex traffickers, wife beaters, child rapists, murderers and thugs?

Now since this constitutional clarification is in Section 1, the presumption is going to be that this is a Congressional Power, and to me it simply seems to be nothing more than musing, but if Congress and President get tired of the Insurrection Obstructionist Judges blocking throwing the illegals out of country, clearly this is a part of their Legitimate Constitutional Power.

 

The Lincoln Project brings to mind; Corrupt Leticia James, "Slap My Big" Fani Willis, Lying Jack Smith and Jasmine Crockpot.

 

You watched nothing of the kind except whatever exists in your imagination.

Feel free to prove your untruths.

 

So, you approve of suspending habeas corpus.

Congratulations, you support fascism

 

Hmmm, yeah, the old carnival bark of moral panic. When facts fail you, just invoke every dark corner of the human condition and tape it to the word “immigrant,” as if the Statue of Liberty should now read, “Give me your felons, your wife beaters, your child rapists…”--all conjured by the cartoonish fever dreams of a propagandist in heat. You’re not making an argument; you’re vomiting a slur-stained word salad and hoping fear will do the heavy lifting where logic collapsed. This isn’t patriotism--it’s bloodlust in a flag disguise.

What is sick is how you misunderstand the Constitution: Habeas corpus is not some casual privilege, it's the cornerstone of liberty. It is enshrined in Article I, which deals with Congressional powers, not presidential whims.

You ignore the context: The Constitution allows suspension of habeas corpus only in cases of rebellion or invasion, when the public safety may require it. Disliking immigration policy or losing court cases does not qualify.

You trivialize tyranny: By cheerleading for the executive branch to detain people without trial because judges block unlawful policies, you reveal not a concern for order, but a thirst for authoritarian shortcuts.

You conflate immigration with insurrection: Crossing a border illegally is a civil violation--not an armed rebellion. To equate asylum seekers with “invaders” is both legally incorrect and morally repugnant.

You smear with a coward’s brush: Tossing out terms like “felons,” “child rapists,” and “murderers” to describe entire groups of desperate people is demagoguery, not argument. It's the language of pamphleteers, not patriots.

You attack judges for upholding the law: When a judge rules that a government action violates due process, that’s not obstruction--that’s the system working as intended. You’d prefer a bench of bootlickers.

You fantasize about unchecked power: Wishing that the president and Congress can detain whoever they want without trial isn't a “constitutional clarification.” It’s a flirtation with fascism.

You reveal a disturbing comfort with lawlessness: Stripping people of their rights based on status or nationality is exactly what habeas corpus prevents. You advocate the cure as the disease.

You should ask yourself: If this power is used today on immigrants, what stops it from being used tomorrow on dissenters? On you?

 

Mr Davis's false comparison is debunked in the OP

 

Feel free to prove your untruths.

I'd call them something worse, but the mods won't let me.

 

Anyone defending this proves yet again they aren’t the defenders of the Constitution they claim to be. They are only interested in defending whatever Trump wants to do. They serve at his pleasure.

 

False claims and pathetic whataboutism is not an effective defense of facism..

 

As expected, the Trump bootlickers in Congress are defending this:

https://www.foxnews.com/politics/wa...process-trump-cracks-down-illegal-immigration

"The law does not require someone to actually have a jury trial," Sen. James Lankford, D-Okla., countered to Fox News Digital. "A hearing can be done. It's not a trial. It's not a jury trial. That's not the right of someone that's not legally present in the country."

And that's all that MAGA watching Fox News 24/7 get to hear. So, they'll cheer loudly for the constitution being trampled and Trump's efforts to institute his authoritarian police state.

 

The above is coming from a US Senator who took the Oath of Office.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Nothing in the 6th Amendment cites any exception of any kind.

 

It would be for only 3.5 years then the next president could re-instate -- LOL
I think I see some lefties' heads exploding.

 

Translation; the idea of some "lefties heads exploding" is worth trump unilaterally suspending constitutional rights. IOW, if trump can get away with transforming the country in to a full blown autocracy where he has ultimate power to do whatever he pleases you are okay with it.

 

Specifically limited to rebellion or invasion. The power to suspend is given to Congress, not the executive branch. Article I Section 9 of the Constitution refers to legislative powers.
Now begin to play with words as the current administration is doing.

 

suspending habeas corpus is a step closer to using the same claim of an imaginary invasion to impose marshal law. As Trump considered doing if his Jan 6th plot went well.

 

‘You certainly take your freedom for granted.