During a Senate hearing, Homeland Security Secretary Kristi Noem was unable to correctly define habeas corpus, mistaking it for a presidential power to detain individuals. Senator Maggie Hassan corrected her, clarifying that habeas corpus is a legal right of individuals against unjust imprisonment. This incident raises concerns about Noem's understanding of fundamental constitutional principles, especially given her role in overseeing a department with significant power and budget. Habeas corpus, a crucial legal protection dating back to the Magna Carta, is essential for limiting government authority and safeguarding individual rights.
Noem, whose hearing prep clearly did not anticipate any questions with Latin terms in them, replied, "Habeas corpus is a constitutional right that the president has to be able to remove people from this country."
Habeas is an extremely basic right, for the obvious reason that if the government can simply throw anybody in jail without justifying their imprisonment in court, its power is absolute.
Senator Maggie Hassan interjected to explain that habeas corpus is, in fact, "the legal principle that requires that the government provide a public reason for detaining and imprisoning people."
The head of the Department of Homeland Security would ideally be familiar with the concept of habeas corpus.
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