During a Senate hearing, Secretary of Homeland Security Kristi Noem misdefined habeas corpus, stating it allows the president to remove individuals from the country. Senator Maggie Hassan corrected her, explaining that habeas corpus is a legal safeguard requiring the government to justify detentions. Notably, Hassan emphasized its importance in safeguarding freedoms against arbitrary arrests. Despite her misstep, Noem reiterated her support for habeas corpus but acknowledged the president's constitutional power to suspend it in certain situations, referencing President Lincoln's actions during the Civil War.
Habeas corpus is a constitutional right that the president has to be able to remove people from this country, Noem replied.
Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people.
If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason.
I also recognize that the president of the United States has the authority under the Constitution to decide if it should be suspended or not.
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