Homeland Security Secretary Kristi Noem at a congressional hearing on Tuesday had a contentious exchange about habeas corpus, the constitutional right that allows people to challenge their imprisonment in court.
Sen. Maggie Hassan (D–N.H.): What is habeas corpus?
Noem: Well habeas corpus is a constitutional right that the president has to be able to remove people from this country—
Hassan: No, let me stop you ma'am—
Noem: —and suspend their right to, suspend their right to—
Hassan: Excuse me, that's incorrect.
Noem: President Lincoln used it.
Habeas corpus is a fundamental civil liberty: It effectively forces the state to justify why it is detaining someone. It is, by definition, a check on the government, not a right it possesses.
