C_Clayton_Jones
Diamond Member
‘Lawrence Friedman, a professor at New England Law in Boston and author of Modern Constitutional Law, told Newsweek that "the whole notion that the immigration issue constitutes an 'invasion' strikes me as absurd; and worse than absurd, as a blow to the very fabric of American democracy."
Georgetown University Law Center professor Steve Vladeck wrote in a Substack blog that Miller's statement is both "wrong" and "profoundly dangerous," while former federal prosecutor Jeffrey Toobin said suspending habeas corpus would be a "wild step."
The comments came after U.S. District Judge William Sessions on Friday ordered the release of Rumeysa Ozturk, a Tufts University student from Turkey who was detained in late March, pending a final decision on her claim that she has been illegally detained.
In his post, Vladeck wrote that Miller was "being slippery" about the actual text of the Constitution.
"The Suspension Clause does not say habeas can be suspended during any invasion; it says, '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.'
The last part, he wrote, is "not just window-dressing; again, the whole point is that the default is for judicial review except when there is a specific national security emergency in which judicial review could itself exacerbate the emergency. The emergency itself isn't enough."
He wrote that Miller "also doesn't deign to mention that the near-universal consensus is that only Congress can suspend habeas corpus—and that unilateral suspensions by the president are per se unconstitutional."
Vladeck added that Miller is "suggesting that the administration would (unlawfully) suspend habeas corpus if (but apparently only if) it disagrees with how courts rule in these cases. In other words, it's not the judicial review itself that's imperiling national security; it's the possibility that the government might lose. That's not, and has never been, a viable argument for suspending habeas corpus."’
www.newsweek.com
The Trump regime continues to advance its lawless, fascist agenda, and an immigration policy motivated by racism, bigotry, and hate, having nothing to do with enforcing immigration law – in fact, in violation of the law.
Georgetown University Law Center professor Steve Vladeck wrote in a Substack blog that Miller's statement is both "wrong" and "profoundly dangerous," while former federal prosecutor Jeffrey Toobin said suspending habeas corpus would be a "wild step."
The comments came after U.S. District Judge William Sessions on Friday ordered the release of Rumeysa Ozturk, a Tufts University student from Turkey who was detained in late March, pending a final decision on her claim that she has been illegally detained.
In his post, Vladeck wrote that Miller was "being slippery" about the actual text of the Constitution.
"The Suspension Clause does not say habeas can be suspended during any invasion; it says, '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.'
The last part, he wrote, is "not just window-dressing; again, the whole point is that the default is for judicial review except when there is a specific national security emergency in which judicial review could itself exacerbate the emergency. The emergency itself isn't enough."
He wrote that Miller "also doesn't deign to mention that the near-universal consensus is that only Congress can suspend habeas corpus—and that unilateral suspensions by the president are per se unconstitutional."
Vladeck added that Miller is "suggesting that the administration would (unlawfully) suspend habeas corpus if (but apparently only if) it disagrees with how courts rule in these cases. In other words, it's not the judicial review itself that's imperiling national security; it's the possibility that the government might lose. That's not, and has never been, a viable argument for suspending habeas corpus."’
Legal experts slam Trump administration's habeas corpus suggestion
Habeas corpus is the constitutional right for people to legally challenge their detention by the government.
www.newsweek.com
The Trump regime continues to advance its lawless, fascist agenda, and an immigration policy motivated by racism, bigotry, and hate, having nothing to do with enforcing immigration law – in fact, in violation of the law.
