Homeland Security Secretary's Mistake Draws Senate Correction
(MENAFN) During a Senate Homeland Security Committee session, U.S. Homeland Security Secretary Kristi Noem gave an inaccurate explanation of habeas corpus when questioned by Senator Maggie Hassan.
The term, which refers to a person’s right to challenge unlawful detention in court, was misunderstood by Noem during the exchange.
When Senator Hassan inquired, "What is habeas corpus?", Secretary Noem replied, "Habeas corpus is a constitutional right that the president has to be able to remove people from this country." Her statement prompted an immediate correction from Senator Hassan.
Hassan clarified, "Excuse me, that's incorrect," and went on to properly explain the principle: "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."
She emphasized its democratic importance, calling it "the foundational right that separates free societies like America from police states like North Korea."
The senator then asked if Noem endorsed the essential safeguard provided by habeas corpus — that authorities must publicly justify a person’s imprisonment.
Noem affirmed her support and added, "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."
In response, Hassan pointed out that any suspension of habeas corpus has always involved Congressional approval.
She cited historical precedent, noting, "Even Abraham Lincoln got retroactive approval from Congress."
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