History As It Happens: Lincoln and Habeas Corpus Hosted by Martin Di Caro | Release Date: June 3, 2025

1. Introduction: Contemporary Concerns Over Habeas Corpus

In the episode titled "Lincoln and Habeas Corpus," host Martin DeCaro delves into the pressing issue of the Trump administration's consideration to suspend habeas corpus amidst an intensifying immigration crackdown. The discussion opens with concern over the constitutional implications of such a suspension, drawing parallels to historical precedents, particularly Abraham Lincoln's actions during the Civil War.

Quote:

Martin DeCaro [00:27]: "President Trump's immigration crackdown is intensifying. The White House says it's considering suspending habeas corpus. The constitutional right, the standing right of an individual to challenge their detention in court."

2. Misrepresentation of Habeas Corpus by Contemporary Officials

The episode highlights Kristi Noem's public statements regarding habeas corpus, illustrating a significant misunderstanding of its constitutional foundations. During a Senate Committee hearing, Noem inaccurately defines habeas corpus, leading to a critical exchange with Democratic Senator Maggie Hassan.

Key Exchange:

Kristi Noem [03:41]: "Habeas corpus is a constitutional right that the president has to be able to remove people from this country, suspend their rights."

Maggie Hassan [03:48]: "Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people..."

Noem's inability to correctly articulate the suspension clause underscores the broader issue of political figures misusing historical and legal concepts for contemporary agendas.

Quote:

Martin DeCaro [07:03]: "It is hard to believe and depressing too, how someone in Noem's position could be so ignorant."

3. Historical Context: Lincoln's Suspension of Habeas Corpus

Historian Jim Oakes provides an in-depth analysis of Abraham Lincoln's decision to suspend habeas corpus during the Civil War. He discusses the circumstances leading to the suspension, including the threat of Confederate forces surrounding Washington D.C. and the subsequent actions taken by Lincoln to maintain national security.

Key Points:

• April 1861: Pro-secessionist riots in Baltimore led to the suspension of habeas corpus along key lines between Philadelphia and Washington D.C.
• John Merriman's Arrest: Merriman, involved in pro-secessionist activities, was detained without charge, prompting Chief Justice Roger Taney to issue a writ of habeas corpus, which Lincoln's administration refused to honor.

Quote:

Jim Oakes [15:37]: "Without charge and put into confinement in Fort McHenry in Baltimore Harbor. And the next day, his lawyers go to Chief Justice Roger Taney..."

4. Legal Implications and Constitutional Debate

The conversation shifts to the legal debates surrounding the suspension of habeas corpus. Oakes challenges the notion that only Congress has the authority to suspend it, suggesting that Lincoln's actions may have been an overreach of executive power. He references Article I and Article II of the Constitution to argue the complexities of executive versus legislative authority in times of rebellion or invasion.

Key Discussion:

Jim Oakes [18:46]: "It was almost circumstantial. It was put there by the committee of style. I think Lincoln had a good case that the suspension of habeas corpus is as much as an executive authority as it is a congressional authority."

Oakes further critiques Lincoln's refusal to comply with Supreme Court orders regarding habeas corpus, labeling it a breach of presidential duty and setting a controversial precedent.

Quote:

Jim Oakes [21:22]: "He refused to obey Taney here."

5. The Case of Clement Vallandigham: A Testimony to Overreach

A significant portion of the episode is dedicated to the case of Clement Vallandigham, a Peace Democrat arrested for his anti-war speeches in Ohio. Oakes explains how Vallandigham's arrest under military commission laws exemplified the overzealous prosecution of civilians and the dangers of suppressing dissent during wartime.

Key Events:

• Vallandigham openly criticized the war effort, was arrested by General Ambrose Burnside, and tried by a military commission.
• Lincoln commuted Vallandigham's sentence to banishment, allowing him to flee to Canada, which ignited public debate and condemnation from figures like New York Governor Horatio Seymour.

Quote:

Jim Oakes [31:45]: "Lincoln is saying, this is not a free speech issue. This is an action that Millennium took. He is fomenting insurrection in the sense that he is urging people to disobey the draft and to violate the law."

6. Enduring Significance and Lessons for Today

Oakes reflects on the lasting impact of Lincoln's suspension of habeas corpus, emphasizing how modern interpretations of civil liberties have evolved to view such actions as overreaches of executive power. He warns against the contemporary threats to civil liberties posed by political figures advocating for similar suppressions without legitimate cause.

Key Insights:

• The suspension of habeas corpus should be a measure of last resort, reserved for genuine emergencies like invasions or rebellions, which are absent today.
• The current political climate's flirtation with suspending fundamental rights could lead to constitutional crises and the erosion of the rule of law.

Quote:

Jim Oakes [38:13]: "Which is why right now, where we're living, the period we're living in right now is so fraught, because it seems like what had been understood, what had come to be understood as rights are being tossed out the window as soon as we're under pressure."

7. Conclusion: Upholding Constitutional Principles

The episode concludes by reaffirming the importance of adhering to constitutional safeguards like habeas corpus to maintain a free and just society. DeCaro and Oakes emphasize that historical lessons, particularly from Lincoln's era, should guide current and future leaders in preserving civil liberties against authoritarian impulses.

Final Thought:

Martin DeCaro [41:58]: "It's not rule of law. It's not rule of law. It's rule of whoever happens to be in power."

Additional Highlights:

• Humorous Interlude: The episode features clips from Groucho Marx’s films “Duck Soup” and “Animal Crackers,” humorously illustrating public ignorance of habeas corpus.

  Quote:

  Groucho Marx [02:18]: "I wanted to get rid of habeas corpus, but I should have gotten rid of you instead."

• Lincoln's Defense: Oakes discusses Lincoln's July 4th address, wherein Lincoln justifies his actions by prioritizing national preservation over strict adherence to procedural norms during wartime.

  Quote:

  Jim Oakes [20:07]: "He had spent federal moneys, he had called up a militia. He had issued a blockade... And he asked Congress for retrospective authorization of all of those actions, and they gave it to him."

Epilogue: Looking Ahead

As the episode wraps up, Martin DeCaro hints at future topics, including the enduring legacy of World War II's D-Day invasion, maintaining the podcast’s commitment to exploring how historical events shape present-day realities.

For a deeper understanding of the delicate balance between national security and civil liberties, and how history informs current political decisions, tune into "History As It Happens" every Tuesday and Friday.