Jeffrey Toobin criticized Stephen Miller's comments regarding the Trump administration's consideration of suspending habeas corpus, emphasizing that such a move would be a shocking departure from constitutional norms. This statement was made during a discussion following the release of a Tufts University student, previously detained for her political expression. Toobin pointed out the historical significance of habeas corpus, tracing its roots back to the Magna Carta, and warned that suggesting its suspension reflects the administration's escalating rhetoric amid legal setbacks.
Talking about suspending habeas corpus is such a wild step. The only time a president has done it unilaterally without the authorization of Congress was Abraham Lincoln during the Civil War.
The idea that someone in custody has the right to go to court to challenge their incarceration is so basic to Anglo-American law.
This is an example of how losses in court is causing this administration to escalate its rhetoric.
Miller's comments imply a willingness to explore extreme constitutional measures, raising alarm over the potential implications for civil liberties during this administration.
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