Habeas Corpus Protects Us All From Abuses Of Government Power

This letter to the editor, by Celeste Koeberl, JD, MA appeared in the Hudson Star Observer on June 5, 2025.

During a recent Senate hearing, Homeland Security Secretary Kristi Noem was asked to define “habeas corpus.” In an answer as wrong as it was terrifying, Secretary Noem declared it was “a constitutional right that the president has to be able to remove people from this country and suspend their rights.” 

Senator Maggie Hassan corrected Secretary Noem, and explained habeas corpus instead allows people to legally challenge their detentions by the government. Senator Hassan also pointed out that habeas corpus is what separates free societies like America from police states like North Korea.

Our Constitution’s Suspension Clause, in Section 9 of Article I, guarantees us all habeas corpus rights. This ensures that the government must release prisoners when fair application of the law does not justify imprisoning them. Habeas corpus requires the government to produce a prisoner being held, allow the prisoner to challenge the legality of their imprisonment, justify the prisoner’s continued imprisonment, and have a neutral judge determine if imprisonment is legal. 

Many people have mocked Secretary Noem for having little knowledge about our Constitution. That is true, but her answer reveals a possible dark and sinister future for all of us in America. 

The Trump administration is trying to replace “innocent until proven guilty” with “guilty because we say so.” Donald Trump has said many times, “I have the right to do whatever I want as President.” Trump’s advisor Stephen Miller has said the administration is “actively looking at” suspending habeas corpus. If this happens, our American justice system will offer zero protections for anyone accused by the Trump administration of any wrong-doing. There will be no appearances before judges, no opportunities to confront accusers or offer evidence proving innocence, and no rights to appeal unjust “convictions.” 

Everyone who cares about America and our Constitution must speak up to preserve all our rights for the protection of us all. In conversations with friends or family, by contacting Congress, and through patriotic participation in peaceful public rallies, we must resist every scheme to diminish any of our rights. Please join us on June 14 in Hudson’s Lakefront Park (https://mobilize.us/s/PPXRxm).