berg80
Diamond Member
- Oct 28, 2017
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Trump Officials Consider Suspending Habeas Corpus for Detained Migrants
Stephen Miller, the White House deputy chief of staff who orchestrated President Trump’s crackdown on immigration, said on Friday that the administration was considering suspending immigrants’ right to challenge their detention in court before being deported.“The Constitution is clear,” he told reporters outside the White House, arguing that the right, known as a writ of habeas corpus, “could be suspended in time of invasion.”
“That’s an option we’re actively looking at,” he said, adding, “A lot of it depends on whether the courts do the right thing or not.”
Such a move would represent a dramatic escalation in the Trump administration’s battles with the courts over his efforts to carry out mass deportations. And it would be yet another sweeping assertion of executive authority, one in tension with a right generally guaranteed in the Constitution.
The difference being the US, while Lincoln was prez, was experiencing an actual crisis when he suspended habeas. From AI.......During the Civil War, President Lincoln suspended the writ of habeas corpus in certain areas and for specific reasons, primarily to suppress dissent and facilitate military operations. While initially challenged by Chief Justice Roger Taney, Lincoln eventually sought and obtained congressional approval for his actions.
With trump, the "invasion" pretense is just a rhetorical tool used to wind up the base. It's not reality. His argument being hurt by the reduction of border crossings that began during last summer after Biden's EO on asylum criteria. The absurdity of his claim being mirrored by the equally bogus rationale for deportation. One debunked by the US intel community.
It's time for Repubs to make their voices heard. Past time. We are a country of laws or we are not. They need to pick a side.
They should be saying while stopping illegal immigration and deporting criminal immigrants is a goal most all Americans agree with, it has to be done in accordance with constitutional law. Additionally, any prez who breaks the law in defiance of court orders should be removed from office. IOW, trump should be treated no differently than other prez's who have egregiously abused the power of their office.
