Kristi Noem gets a civics lesson after failing to describe habeas corpus
Washington DC - Department of Homeland Security (DHS) Secretary Kristi Noem was recently quizzed on a very basic concept related to her role, and failed miserably.
On Tuesday, Noem testified before a Senate hearing, during which Democratic Senator Maggie Hassan of New Hampshire asked her outright, "What is habeas corpus?"
"Habeas corpus is a constitutional right that the president has to be able to remove people from this country," Noem confidently replied, despite being nowhere close to the correct answer.
Hassan interjected, informing the secretary, "That's incorrect."
"Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people," Hassan explained.
"If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason," she continued. "Habeas corpus is the foundational right that separates free societies like America from police states like North Korea."
When pressed further, Noem said she supported habeas corpus, but falsely argued the president "has the authority under the Constitution to decide if it should be suspended or not," noting that former President Abraham Lincoln had done so.
"It has never been done without approval of Congress, even Abraham Lincoln got retroactive approval from Congress," Hassan replied.
Kristi Noem gets a second chance – but fails again
Questions about habeas corpus - which roughly translates from Lain to mean "you should have the body" - comes after President Donald Trump's Deputy Chief of Staff and close advisor Stephen Miller reportedly said the administration is "actively looking at" the possibility of suspending habeas corpus, arguing it was a "privilege" that immigrants do not deserve.
Noem's responses during the hearing clearly left many senators in the room stunned.
Democratic Sen. Andy Kim of New Jersey brought up her remarks during his time, and asked Noem if she understood that suspending habeas corpus would require congressional approval.
Noem argued back that if Lincoln could do it, then Trump should be able to, but insisted the president and the administration has not discussed the idea.
She was then unable to identify how many times in US history habeas corpus has been suspended, or what section or article of the Constitution the suspension clause is in.
Cover photo: IMAGO / UPI Photo