Not even I could have given the Senate committee a good definition of habeas corpus that day, and I had two years of Latin in high school. So it’s a little unfair to ask the cabinet secretary, who was hired just to blindly carry out the president’s wishes, to answer such a difficult question. She had already told Congress she’s “not a constitutional lawyer,” so she probably shouldn’t have guessed. “Habeas corpus is a constitutional right,” she said, “that the president has to be able to remove people from this country and suspend their right. …” “Incorrect,” her questioner said, mercifully not letting the cabinet secretary embarrass herself further. I’ve since looked it up, as I hope she has, to learn it’s the opposite of her guess. Habeas corpus is the fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. The Latin translates to “you should have the body,” meaning a judge must have the person charged with a crime brought into the courtroom to hear what he’s been charged with. The White House apparently wants to suspend the right, as happened during the Civil War, but first it had better study up. – Fletcher Farrar, editor
This article appears in May 22-28, 2025.
The White House is a building full of people. Only one person has the final say, and that person has never said anything about suspending habeas corpus. A sane person cannot help but be amused at how Miller is able to yank the media chains.