No one should face imprisonment without charges or a trial. 

The Secretary for Homeland Security, Kristi Noem, appeared before the Senate Homeland Security committee.  During her appearance, she was asked rather simply if she knew what the writ of habeas corpus was.  She replied: “Habeas corpus is a constitutional right that the president has to be able to remove people from this country”.

What in the hell is she talking about?

I will grant that this hearing was set to discuss the budget for the next fiscal year, but it is mind-boggling that the Secretary of Homeland Security doesn’t know what habeas corpus is no matter the situation and these questions had to be expected when Homeland Security asked for an increase of $42 billion for immigration enforcement.

The writ of habeas corpus means the government is required to bring a defendant in front of a judge to prove there is a valid reason they are being held.  Moreover, the Constitution clearly states requirements for its suspension:
“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.” Article I, Section 9

The first article of the U.S. Constitution outlines the powers of the Congress, NOT the powers of the President.

Secretary Noem did say that Donald Trump did not plan to suspend habeas corpus and she has had no conversations with him on the topic.  Sadly, despite her comments that President Trump hadn’t told her anything about considering this action, White House advisor Stephen Miller recently said the administration was actively looking at suspending habeas corpus.

Secretary Noem also said that Abraham Lincoln suspended habeas corpus which was retroactively approved by Congress, so President Trump should be allowed to as well, adding that he was not planning on doing so.

It is absolutely true that Abraham Lincoln suspended habeas corpus.  Specifically, John Merryman was arrested on charges of treason but refusing to provide any proof or even saying why he was arrested.

We should absolutely not discount the other opinions at the time.  Chief Justice of the Supreme Court, Roger B. Taney, ruled that the President did not have the power to suspend habeas corpus, saying, “The President has exercised a power which he does not possess under the Constitution.”

Clement Vallandigham was an anti-war congressman who spoke on lost rights during the civil war, saying, “I have denounced, from the beginning, the usurpations and the infractions, one and all, of law and Constitution, by the President” for which he was ultimately arrested.

Secretary Noem is correct that President Lincoln suspended habeas corpus and also correct that Congress retrospectively approved it after the rulings were not followed.  But she ignored two major facts:

• This was in the midst of the American Civil War
• Even then courts ruled the President was violating the constitution.

Since the civil war, the writ of habeas corpus has been repeatedly upheld by the Supreme Court.

Johnson v. Avery (1969):

“There is no higher duty than to maintain [the writ of habeas corpus] unimpaired.”

Hamdi v. Rumsfeld (2004):

“A state of war is not a blank check for the President when it comes to the rights of the Nation’s citizens.”

Rasul v. Bush (2004):

“The fact that petitioners in these cases are being held in military custody is immaterial to the question of the District Court’s jurisdiction over their nonhabeas statutory claims.”

Boumediene v. Bush (2008):

“Petitioners have the constitutional privilege of habeas corpus. They are not barred from seeking the writ or invoking the Suspension Clause’s protection.”

 

Sources:

Noem botches habeas corpus questions at Senate hearing

https://www.forbes.com/advisor/legal/criminal-defense/writ-of-habeas-corpus/

DHS budget seeks significant boost for immigration approach – Roll Call

U.S. Constitution | Constitution Annotated | Congress.gov | Library of Congress

Top White House adviser Stephen Miller says ‘we’re actively looking at’ suspending due process for migrants

‘That’s Incorrect’: Kristi Noem Fails Junior High Civics Test on Habeas Corpus During Senate Hearing | Common Dreams

https://www.history.com/this-day-in-history/april-27/president-lincoln-suspends-the-writ-of-habeas-corpus-during-the-civil-war

Document1

Clement Vallandigham – Wikipedia

https://teachingamericanhistory.org/document/on-the-war-and-its-conduct/

https://en.wikipedia.org/wiki/Habeas_Corpus_Suspension_Act_(1863)

https://supreme.justia.com/cases/federal/us/393/483/

https://supreme.justia.com/cases/federal/us/542/507/

https://supreme.justia.com/cases/federal/us/542/466/

https://supreme.justia.com/cases/federal/us/553/723/

 

Immigrants were not illegal

Yesterday, a new report was published by CATO institute which indicates many of those deported to CECOT in El Salvador entered the United States legally.  The government continues to assert these individuals were gang members or violent criminals, but it has “never even published a comprehensive list of individuals that it has sent to El Salvador”.  I feel a need to reiterate that these people were sent to a foreign high security prison despite coming to the United States legally.

Shakeup at CBS

The President and CEO of CBS News announced her resignation.  The primary reason she chose to resign is CBS is negotiating with Donald Trump to settle a lawsuit about a 60 Minutes show interviewed Kamala Harris.  The primary reason they are looking to settle is to quickly finish a proposed merger with Skydance Media which the FCC under the Trump Administration could derail as they must approve the transfer of broadcast station licenses to complete the deal while the FCC also claims CBS is guilty of ‘news distortion’.

New Jersey Congresswoman Charged

Representative LaMonica McIver was charged with assaulting and impeding federal officers yesterday.  These charges stem from an incident at an ICE Facility with details of the situation being heavily disputed, while even ICE admits that members of Congress are afforded special access to ICE facilities.

As I read the details of these stories, it certainly seems this administration is engaged in coercion and attempting to suppress journalism and legal, independent review of authority.

I invite civil, bipartisan discussion on this post.

 

Sources:

The conditions inside the infamous El Salvador prison where deported migrants are held | PBS News

50+ Venezuelans Imprisoned in El Salvador Came to US Legally, Never Violated Immigration Law | Cato at Liberty Blog

CBS News chief quits as Paramount aims to settle lawsuit with Trump : NPR

CBS appears poised to settle Trump lawsuit over ’60 Minutes’ : NPR

Skydance Media and Paramount Global Sign Definitive Agreement to Advance Paramount as a World-Class Media and Technology Enterprise | Paramount

https://www.fcc.gov/transactions/skydance-paramount

FCC case against CBS for ‘news distortion’ may go far beyond precedent, scholars say | Reuters

https://www.nytimes.com/2025/05/19/nyregion/new-jersey-congress-ice-charges.html?unlocked_article_code=1.Ik8.Rq9T.Gzkmul2Uxm6G&smid=url-share

Democrats involved ICE facility encounter say Trump administration is trying to intimidate them | CNN Politics

https://www.ice.gov/doclib/detention/iceFacilityVisitationCongressional.pdf

 

Today I am largely taking a break from writing about politics.  Instead, I will share a little about my weekend, though there are some political notes to be made here as well.

I made a German style cake I made over the weekend– a Marmorkuchen, or marble cake.  I don’t have a bundt pan, so special credit goes to the Urbandale Public Library for what turned out to be an impressive selection of cookware.  I don’t know the exact funding streams for UPL specifically, but many libraries get local, state, and/or federal funding, which is currently in jeopardy as the Trump administration is trying to cut the Institute of Museum and Library Services.

I would happily accept suggestions for what baking project to try next – bonus points for European pastries.

We also made the trek to see Stink Floyd in bloom.  I always love to visit Reiman Gardens – their winter light show is fantastic as well the butterfly garden.  Again, I am not sure exactly what the underlying source for Reiman Gardens is, but as 40% of their funding is from Iowa State, I imagine this is wonderful facility is also supported by some government expenditures.

I do have to say, the smell of Stink Floyd was definitely noticeable, but I found it similar to roasted Brussels sprouts.

Overall, it was a fun weekend, and I hope you enjoy the few pictures I took of the weekend.

 

Sources:

https://action.everylibrary.org/where_does_public_library_funding_come_from

Continuing the Reduction of the Federal Bureaucracy – The White House

https://reimangardens.com/stink-floyd-corpse-plant

Winter Wonderscape – Reiman Gardens

reimanbutterfly.com

Reiman Gardens Strategic Plan Executive Summary

 

 

 

 

 

Have a good day everyone!

A number of storms tore through the Midwest this week causing significant damage and dozens of deaths.  First and foremost, I hope for the recovery of the people impacted and for the cities that have seen destruction.

One of my favorite lines from Chris Christie was in the wake of Hurricane Sandy when he said, “If you think right now that I give a damn about presidential politics then you don’t know me.”

I do not believe tragedies should be politicized, but in some cases, the policies surrounding them must be examined.

I hope that the United States government quickly provides funding for those impacted by this disaster, unlike the situation in Arkansas, which was ultimately approved.  I also hope the government changes course and continues funding NOAA and storm forecasting to help mitigate injury and death during storms in the United States.

Above all else, I wish for the best possible recovery for those impacted by these tragic storms.

I invite civil, bipartisan discussion on this post.

 

Sources:

Destructive storms, tornadoes across Midwest kill at least 26 people. Here’s what to know. – CBS News

Chris Christie’s Sandy Problem : NPR

FEMA denies Arkansas federal aid for March tornadoes | News | fox13memphis.com

Arkansas’ request for federal disaster assistance approved after initial denial

DOGE cuts at NOAA will impact hurricane forecasting and data gathering on storms : NPR

 

No matter the party or role in government, it is morally wrong to use the position for personal gain.

Lately, we have seen a lot of republicans supporting the PELOSI ACT.  It is unclear to me how much Nancy Pelosi has benefitted from insider trading, if at all, during her tenure in office, but at the end of the day arguing whether she, specifically, has made money due to being a Congresswoman is a red herring.  Whether or not she has made money from insider trading while in Congress doesn’t change the fact that it should not be legal to make trades based on non-public information learned due to a position in Congress and I therefore support the PELOSI ACT, even if the name is contrived for dubious political purposes.

I cannot find any statements from Senators Grassley or Ernst, but it seems Zach Nunn supports nearly identical legislation, having introduced it in the House.

With that, I am reminded that President Jimmy Carter put his peanut farm into a blind trust upon entering office to reduce the possibility of conflict of interest.*  He also started the tradition of releasing his tax returns annually for the sake of transparency.

As we look to prevent politicians from enriching themselves due to their political position, I would expect widespread condemnation from Congress on President Trump’s decision to accept a $400MM airplane from Qatar and we have seen some republicans, and nearly all democrats, voice concerns about this gift.  Formally, this is being designated a gift to the United States, but designated in such a way that only Donald Trump will ever have a chance to use it.  I suppose that all depends on what the definition of ‘gift to’ someone is.

“Something voluntarily transferred by one person to another without compensation” – this is how Merriam-Webster defines a gift.  It certainly sounds to me that this airplane is being transferred by Qatar to the President, not the U.S. Government, without compensation.

Why does it matter how this gift is designated?  Because Article I, Section 9 of the Constitution states “no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.”

I have not seen any statements from Zach Nunn or Joni Ernst, and while Chuck Grassley did voice some concerns about national security implications, he did not mention any legal or ethical concerns with this gift.

Despite the fact that politicians ought to be working diligently to ensure adequate services are provided to their constituents, many also seem to enrich themselves along the way, sometimes significantly.

*An interesting note, the Carter peanut farm was horribly managed during his presidency and was deep in debt when he left the White House.

 

Sources:

GIFT Definition & Meaning – Merriam-Webster

Did Carter Sell His Peanut Farm When He Became President? | Snopes.com

U.S. Constitution | Constitution Annotated | Congress.gov | Library of Congress

Hawley Reintroduces PELOSI Act to Ban Congress from Trading Stocks – Josh Hawley

Red herring – Wikipedia

S.58 – 118th Congress (2023-2024): Preventing Elected Leaders from Owning Securities and Investments (PELOSI) Act | Congress.gov | Library of Congress

Representative Zach Nunn Introduces Bipartisan Congressional Stock Trading Ban Legislation – Congressman Zach Nunn

Republicans voice concern over Trump’s support for a new Air Force One from Qatar : NPR

Grassley shares national security concerns over Qatar luxury jet gift to Trump

Fact check: Jimmy Carter put his peanut farm into a blind trust during presidency

Nixon and Carter Made Releasing Tax Returns a Norm. Then Along Came Trump.