During a Senate hearing, Sen. Maggie Hassan questioned Homeland Security Secretary Kristi Noem about President Trump's potential suspension of habeas corpus for mass deportations. Hassan clarified the importance of this constitutional right, which requires the government to justify detentions publicly, distinguishing free societies from oppressive regimes. Noem acknowledged her support for habeas corpus but highlighted presidential authority to suspend it. Hassan reminded her that even Lincoln sought approval from Congress for similar actions, emphasizing that such constitutional protections mustn't be undermined without accountability.
Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people, separating free societies from police states.
Even Abraham Lincoln got retroactive approval from Congress for actions regarding habeas corpus. This principle has never been done without congressional oversight.
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