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Noem criticized for getting the meaning of habeas corpus wrong

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May 21, 2025

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Homeland Security Director Kristi Noem, under sharp questioning from Democratic senators during a Tuesday hearing, where she was asked to define "habeas corpus," incorrectly replied: "Habeas corpus is a constitutional right that the president has to be able to remove people from this country."

In reality, habeas corpus is a bedrock constitutional legal principle that safeguards individuals from unlawful imprisonment by enabling them to petition the court to review the legality of their detention.

Sen. Maggie Hassan, D-N.H., argued "habeas corpus is the foundational right that separates free societies like America from police states like North Korea." She then pressed Noem, asking whether she supports "the core protection" of habeas corpus — that the government must present a public justification to detain or imprison someone. Noem said she does, but insisted the president can suspend it whenever he wants. Hassan argued it can only be suspended with Congress' approval.

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Sen Maggie Hassan D-NHNorth Korea She

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Noem criticized for getting the meaning of habeas corpus wrong · Npr · Sentinel