Evil Zombie King Stephen Miller affirmed yesterday that the Trump administration is “actively looking at” suspending the writ of habeas corpus — the constitutional right to challenge in court the legality of a person’s detention by the government — for migrants. Even though it has the same legal basis on which they just lost the case about the Alien Enemies Act. Via CNBC:
Miller’s comment came in response to a White House reporter who asked about President Donald Trump entertaining the idea of suspending the writ to deal with the problem of illegal immigration into the United States.
Asked when that might happen, Miller responded: “The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in time of invasion.”
“So, I would say that’s an option we’re actively looking at,” he said.
A number of pending civil cases challenging the Trump administration’s deportation of undocumented immigrants in the United States are based on habeas claims.
The Trump administration has chafed at orders by judges blocking efforts to summarily deport immigrants, including alleged gang members, without court proceedings.
Well, now! First of all, the Zombie King is not a lawyer. Not even close, but even he knows what bullshit this is. It's a political intimidation tactic that will, of course, lose in court.
Miller said that Trump’s decision on whether to suspend the writ of habeas corpus “depends on whether the courts do the right thing or not," and implied that judges are making them do it by overturning their court cases.
Miller implied that “the right thing” is for judges to stop blocking the administration’s deportation of immigrants in cases where those people are exercising habeas writs.
The writ has been suspended only four times since the U.S. Constitution was ratified. And in all but one of those instances, Congress first authorized the suspension.
The U.S. Constitution says in Article 1, section 9, “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.”
Miller’s use of the word “invasion” amplifies the propaganda that the U.S. faces an “invasion” of undocumented migrants. EVEN THOUGH the administration ALSO claims it has stopped the border crossings "like no one has ever done before!"
Yeah, it's such a HUUUGE invasion, their storm troopers are arresting actual U.S. citizens because they can't find enough criminals to meet their quotas. And they're shutting down their tent camps because what, they have so many criminal migrants?
