It's Friday afternoon, which is a tough time for important news, but Stephen Miller said today the White House is "actively looking at" suspending the writ of habeas corpus.

And as MSNBC's Lisa Rubin put it, that's "truly crazy." https://www.msnbc.com/rachel-maddow-show/maddowblog/white-houses-stephen-miller-are-actively-looking-suspending-habeas-cor-rcna205945

White House’s Stephen Miller: ‘We are actively looking at’ suspending habeas corpus

Stephen Miller said the White House “actively looking at” suspending habeas corpus, the right to challenge the legality of one's detention by the government.

MSNBC
@stevebenen So you're going to try to overturn the amendment to the Constitution?

@EndicottAuthor @stevebenen
2nd amendment people, this is your cue.

No?
No. Of course not.

@stevebenen Every judge in the US should have flipped when Trump started using the Alien Enemies Act when we aren't at war with Venezuela. They didn't so here we are.

@stevebenen Some people might be thinking that that sentence would be more accurately written as "We are actively looking at suspending a few corpora."

(I am tending towards the opinion that Stephen "Eichman" Miller would like to see - and perhaps lead - a resumption of lynching.)

@stevebenen There's the shoe dropping. That's the last one. Suspending habeas corpus is tantamount to martial law.

@stevebenen

"#StephenMiller said today the #WhiteHouse is "actively looking at" suspending the #WritofHabeasCorpus "

The entire problem here is that #Trump can just write another #ExecutiveOrder, #CBP and #ICE can just start acting if Habeas Corpus is defunct, and what do people do?

You have to get a lawyer and sue

Meanwhile you've been arrested and shipped off to a Gulag-for-Hire in #ElSavador

Three months later (if you're lucky) you've found a #FederalJudge who hasn't been terrified into silence and #Miller and #Trump get told they're wrong

Again

And suffer no real-world repercussions or consequences for their behavior whatsoever

Again

"ArtI.S9.C2.1 Writ of Habeas Corpus and the Suspension Clause

Article I, Section 9, Clause 2:

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

"This clause is the only place in the Constitution in which the Great Writ is mentioned, a strange fact in the context of the regard with which the right was held at the time the Constitution was written (1) and stranger in the context of the role the right has come to play in the Supreme Court's efforts to constitutionalize federal and state criminal procedure. (2) ..."

Here: https://www.law.cornell.edu/constitution-conan/article-1/section-9/clause-2/writ-of-habeas-corpus-and-the-suspension-clause

Writ of Habeas Corpus and the Suspension Clause

LII / Legal Information Institute

Marcy (Emptywheel) as always does an excellent job of cutting through #StevenMiller's bullshit:

"Stephen Miller Threatens to Suspend Habeas Corpus because He Got Caught Lying"

First, as I thought, it was all a setup:

https://sfba.social/@FinchHaven/114480275255358279

"You should know that the question to Stephen Miller about habeas corpus was a set up.

The male “journalist” who asked it after Miller called on him for the first question at a staged press event posed it in terms of “taking care of the illegal immigration problem.

So Miller’s misrepresentation of what the Constitution says about habeas corpus — similar to ... at war with the legislative branch” — all of that appears to be a set up, a set up from one of the right wingers the White House has invited in as if they were journalists.

[snip]

Miller’s problem is that judges are not required to accept his blatantly false claims as true — indeed, are required to test them, as even the Trump judges have done."

More here: https://www.emptywheel.net/2025/05/10/stephen-miller-threatens-to-suspend-habeas-corpus-because-he-got-caught-lying/

FinchHaven sfba (@[email protected])

@[email protected] Going to circle back to this with another thought, after reading the (very) brief PBS article and watching as much of the #StephenMiller interview as I could stomach: "Interesting to watch the video #StephenMiller came out, took the mic, began an open, and then clearly took the first question from someone off-camera by Miller's deliberate choice Do we know who was selected by Miller for the first question? The PBS article doesn't touch this idea; I'm not going to watch the entire 13:02 video and not find out At first glance it really looks like Miller was deliberately fed a leading question by someone he expected to see out there" More here: https://sfba.social/@FinchHaven/114485801830388180

SFBA.social