Consider This from NPR: Can Trump Suspend Habeas Corpus?

Release Date: May 23, 2025
Host: Ailsa Chang
Guest: Amanda Tyler, Professor of Law at the University of California, Berkeley

1. Introduction to the Topic

In this compelling episode of NPR's Consider This, host Ailsa Chang delves into a pressing constitutional debate: the potential suspension of habeas corpus by former President Donald Trump. As the nation grapples with questions surrounding executive power and individual liberties, this episode unpacks the legal, historical, and political dimensions of this critical issue.

2. The Senate Hearing: Maggie Hassan vs. Secretary Kristi Noem [00:00 - 01:47]

The episode opens with a riveting Senate hearing where Democratic Senator Maggie Hassan of New Hampshire challenges Secretary of Homeland Security, Kristi Noem, on her understanding of habeas corpus.

• Maggie Hassan [00:24]: "Secretary Noem, what is habeas corpus? Well, habeas corpus is a constitutional right that the president has to be able to remove people from this country. Let me, let me stop, ma' am. Habeas corpus. Excuse me, that's, that's incorrect."

This exchange highlights a fundamental misunderstanding, as Chang clarifies:

• Ailsa Chang [00:40]: "It is indeed incorrect... habeas corpus is the legal principle enshrined in the Constitution that protects people from illegal detention."

The discussion underscores the current controversy, where the Trump administration is reportedly considering suspending habeas corpus as part of its immigration policies.

3. The Trump Administration's Stance on Suspending Habeas Corpus [01:05 - 01:47]

Deputy White House Chief of Staff Stephen Miller reveals the administration's intentions:

• Stephen Miller [01:05]: "Well, the Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion. So I would say that's an option we're actively looking at."

Miller suggests that suspending habeas corpus could circumvent judicial obstacles faced by President Trump's mass deportation efforts.

• Stephen Miller [01:41]: "Look, a lot of it depends on whether the courts do the right thing or not."

4. Expert Insight: Amanda Tyler on Habeas Corpus [03:03 - 09:15]

To provide a deeper understanding, Ailsa Chang interviews Amanda Tyler, a renowned legal scholar and author of Habeas Corpus in Wartime from the Tower of London to Guantanamo Bay.

a. Definition and Constitutional Basis [03:30 - 04:10]

• Amanda Tyler [03:30]: "Habeas corpus is to undergo and receive the body. It means that courts have the right and obligation to examine the legal justification for someone's detention by the government."

Tyler emphasizes that habeas corpus is a centuries-old principle vital for safeguarding personal liberty against unlawful detention.

• Amanda Tyler [04:17]: "It goes to our very personal liberty, our freedom... we could go to a court if we're being deprived of our liberty unlawfully and win redress, win release."

b. Historical Context of Suspension [04:45 - 06:36]

The conversation shifts to the rarity and gravity of suspending habeas corpus in American history.

• Amanda Tyler [04:57]: "We've had suspensions only extremely rarely in American history in situations like the Civil War and the bombing of Pearl Harbor."

She highlights that the Constitution permits suspension only during rebellion or invasion, contingent on public safety.

• Amanda Tyler [05:33]: "Late Justice Souter once said suspension is just about the most stupendously significant thing the government can do."

c. Legal Implications of Trump's Potential Suspension [06:36 - 09:15]

A critical examination follows on whether the President can unilaterally suspend habeas corpus.

• Amanda Tyler [06:36]: "The President does not have the power to suspend habeas corpus ahead of Congress."

Referencing Abraham Lincoln, Tyler explains that any presidential attempt to suspend habeas corpus has historically required congressional support to be legitimate.

• Amanda Tyler [07:52]: "Lincoln... went eventually to Congress... he specifically referenced the legislation that Congress had passed as justifying it."

Regarding the present Supreme Court's stance:

• Amanda Tyler [08:13]: "There’s overwhelming evidence that the president doesn’t have this power. The case for the administration's position is very weak here."

She underscores that the current judiciary, anchored by originalist justices, is likely to reject any unilateral suspension attempts by the President.

5. The Supreme Court's Potential Response [08:13 - 09:15]

Amanda Tyler discusses the likelihood of the Supreme Court challenging Trump's actions:

• Amanda Tyler [08:13]: "This court is populated with justices who care deeply about history... there's overwhelming evidence that the president doesn't have this power."

She anticipates that courts will not only refuse the suspension but also scrutinize the justification of invasion or rebellion invoked by the administration.

6. Conclusion and Implications for American Liberty [09:15 - End]

The episode concludes by reflecting on the profound implications that suspending habeas corpus would have on American democracy and individual freedoms.

• Ailsa Chang [09:15]: Reiterates Amanda Tyler's expertise and the critical nature of the discussion.

As the conversation wraps, listeners are left to contemplate the delicate balance between national security and the preservation of constitutional rights.

Notable Quotes:

• Maggie Hassan [00:24]: "Habeas corpus is a constitutional right that the president has to be able to remove people from this country. Let me, let me stop, ma' am. Habeas corpus. Excuse me, that's, that's incorrect."

• Stephen Miller [01:05]: "The privilege of the writ of habeas corpus can be suspended in a time of invasion."

• Amanda Tyler [04:17]: "It goes to our very personal liberty, our freedom..."

• Amanda Tyler [08:13]: "There’s overwhelming evidence that the president doesn’t have this power."

Final Thoughts

This episode of Consider This masterfully navigates a complex legal topic, making it accessible and engaging for listeners. By combining real-time political developments with expert analysis, NPR provides a nuanced exploration of habeas corpus and its pivotal role in maintaining the rule of law in the United States.