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maggie hassan
'That's Incorrect': Kristi Noem Fails Junior High Civics Test on Habeas Corpus During Senate Hearing
"The level of abject stupidity" in President Donald Trump's leadership team "is mindblowing," said one critic of the homeland security secretary.
May 20, 2025
Fueling further alarm over the Trump administration's lurch toward authoritarianism, U.S. Homeland Security Secretary Kristi Noem could not accurately describe the principle of habeas corpus when asked a question that may appear on a junior high school student's civics exam during a Tuesday morning Senate hearing.
"So Secretary Noem, what is habeas corpus?" Sen. Maggie Hassan (D-N.H.) asked during the Senate Committee on Homeland Security and Governmental Affairs hearing about the fiscal year 2026 budget request.
"Well," Noem responded, "habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to—"
At that point, Hassan cut her off, saying: "Let me stop you... That's incorrect... 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," Hassan continued. "Habeas corpus is the foundational right that separates free societies like America from police states like North Korea. As a senator from the 'Live Free or Die' state, this matters a lot to me and my constituents, and to all Americans."
"So, Secretary Noem, do you support the core protection that habeas corpus provides that the government must provide a public reason in order to detain and imprison someone?" the senator asked.
The secretary replied: "Yeah, I support habeas corpus. 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. Let us be clear, though, that this president—"
Hassan interjected again, pointing out that "it has never been done without approval of Congress," and even former President Abraham Lincoln got retroactive approval for his suspension during the U.S. Civil War.
HASSAN: What is habeas corpus? NOEM: Habeas corpus is a constitutional right that the president has to be able to remove people from this country HASSAN: That's incorrect
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— Aaron Rupar ( @atrupar.com) May 20, 2025 at 10:16 AM
Lawyers, journalists, and other critics described Noem's remarks as "highly concerning," "embarrassing," and "jaw-dropping."
"This is extraordinary," said Aaron Reichlin-Melnick, senior fellow at the American Immigration Council. "The secretary of Homeland Security doesn't know what the right of habeas corpus is (the ancient right to go to court to challenge government detention) and offers an incoherent definition which suggests she thinks it's a presidential power to deport people?"
Independent journalist and legal analyst Katie Phang declared that "the level of abject stupidity" in President Donald Trump's Cabinet picks "is mindblowing."
Habeas corpus is Latin for "that you have the body." As Cornell University's Legal Information Institute (LII) explains: "In the U.S. system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid. A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful."
The U.S. Constitution states that "the privileges of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it."
LII notes that "only Congress has the power to suspend the writ of habeas corpus, either by its own affirmative actions or through an express delegation to the executive. The executive does not have the independent authority to suspend the writ." Since the late 1700s, Congress has passed various related laws.
Later in Tuesday's hearing, Sen. Andy Kim (D-N.J.) asked Noem, "Can you confirm to us that you understand that any suspension of habeas corpus requires an act of Congress?"
Noem said: "President Lincoln executed habeas corpus in the past with a retroactive action by Congress. I believe that any president that was able to do that in the past, it should be afforded to our current-day president."
"This president has never said that he's going to do this," Noem continued. "He's never communicated to me or his administration that they're going to consider suspending habeas corpus, but I do think the Constitution allows them the right to consider it."
KIM: Do you know what section of the Constitution the suspension clause of habeas corpus is in? NOEM: I do not. Nope. KIM: Do you know which article is it in? NOEM: I do not, sir.
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— Aaron Rupar ( @atrupar.com) May 20, 2025 at 10:55 AM
Trump's second administration has framed unauthorized immigration as "the invasion at the southern border."
White House Deputy Chief of Staff Stephen Miller told reporters earlier this month that the "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 it's an option we're actively looking at" as part of the Trump administration's pursuit of mass deportations.
Miller suggested the possible suspension of habeas corpus—or attempt at it—depends on what courts do. The Trump administration has targeted multiple legal immigrants who have been critical of the U.S.-backed Israeli assault on the Gaza Strip for deportation. Some of them have recently been freed from detention by federal judges in response to their legal teams filing habeas corpus petitions.
Republicans narrowly control both chambers of Congress, but it's not clear all GOP members would support a suspension.
"I was a conservative Republican long before Donald Trump became a Republican, joined the Reform Party, became a Democrat, became a Republican again, became an Independent, and finally returned to the Republican Party," David Chung, an editorial fellow at Iowa's The Gazette, wrote Sunday. "But after reading this column, I'm sure some of my Republican friends will accuse me of being a RINO—a Republican in Name Only."
Chung highlighted that after Miller's remarks, during a U.S. House of Representatives hearing last Wednesday, Rep. Eli Crane (R-Ariz.) asked Noem if the current state of illegal immigration into the United States met the "invasion" requirements for a suspension. The secretary said, "I'm not a constitutional lawyer, but I believe it does."
Recalling the case of Mollie Tibbets, a University of Iowa student murdered by an undocumented man, Chung wrote that "I want to see violent, criminal aliens (legal or illegal) imprisoned, deported, or both, just as much as the next Republican. But I believe that our Constitution and laws are robust enough to accomplish this without trampling on fundamental rights."
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Corporate America Just Threw A Party Celebrating Tax Cuts For The Ultrarich
The deficit squawks who attend each year seek to reverse the progress we’ve made investing in workers, families, and the economy in order to invest in the wealthiest Americans and large corporations.
Nov 22, 2023
After narrowly avoiding a shutdown for the second time in less than two months, lawmakers have gone home to enjoy the Thanksgiving holiday without making sustained investments in the critical programs that empower millions of American families and enable our economy to thrive.
Programs that provide nutritional assistance to women and children or offer housing assistance will face multiple funding cliffs early in the new year because extremists in Congress are only interested in advancing the economic interests of the very rich—and partying with them.
Just hours after avoiding a shutdown, tax policy wonks, lawmakers, and staff, polished their shoes, pressed their tuxedos, and attended “Tax Prom,” an annual fundraiser to support the anti-tax Tax Foundation. The organization is a classic D.C. deficit squawk: it flies its Wall Street coop when big corporations want tax cuts, and screeches when it's time to invest in the rest of us.
Deficit squawks are loudly—and predictably—trying their best to turn back this economic progress by proposing significant cuts to the social programs that help power our economy and constantly bringing the government to the brink of shutdown.
For instance, the organization advocated for Presidents George W. Bush's and Donald Trump's tax cut packages, both of which were disproportionately skewed toward the very rich and large corporations, but lowered overall revenue to just 16.5% of GDP in fiscal year 2023 and caused the national deficit to grow.
On May 17 of this year, Scott Hodge, the organization’s President Emeritus, seized on the growing debt to warn the Senate Budget Committee that "the only sustainable solution to stabilize the debt” isn’t increasing revenue or ensuring the wealthiest among us pay their fair share in taxes – it’s “controlling spending." In other words: cut Medicare, Social Security, and other critical programs working Americans rely on.
Sounds familiar, right?
And while it’s no surprise to see conservative economic luminaries and corporate sponsors from big oil, pharma, and the tax prep industry attending and funding the annual celebration, the Foundation’s ability to attract support from more progressive voices is more alarming.
In past years, the Foundation has honored Senate Finance Chairman Ron Wyden, former Senator Max Baucus, and Rep. Richard Neal. In 2023, it bestowed its distinguished service award on Sen. Maggie Hassan – the first time the Foundation celebrated an elected Democrat for “their efforts to advance sound tax policy” since 2016.
That may not be coincidental, since deficit squawks are building momentum for a new round of policies that benefit the ultrarich.
It comes at a time when our economy, powered by the administration’s hard-fought public investments, continues its record-breaking recovery. Real economic growth was at 4.9 percent last quarter, unemployment is below 4 percent for the 20th straight month, and workers are banding together and demanding more, leading to strong wage growth and a wave of union organizing.
Deficit squawks, meanwhile, are loudly—and predictably—trying their best to turn back this economic progress by proposing significant cuts to the social programs that help power our economy and constantly bringing the government to the brink of shutdown. They’re also ringing the alarm about the nation's growing level of debt and calling for a bipartisan fiscal commission to address the so-called crisis.
Deficit squawks seek to reverse the progress we’ve made investing in workers, families, and the economy in order to invest in the wealthiest Americans and large corporations. It’s clear deficit squawks are stuck in the past, advocating for economic policies that are as unpopular and out of date as pale blue ruffle suits. Elected officials committed to building a modern economy that works for all of us should leave Tax Prom in the past.
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'Big Win for the Rights of Many' as Biden's Pro-Corporate Judicial Nominee Withdraws Name
"A lifetime appointment to the federal bench is perhaps the most privileged seat in our country," said one economic justice advocate. "It shouldn't be handed out like a party favor."
May 18, 2023
Advocates for workers' rights and economic justice were among those applauding on Thursday as Michael Delaney, the former attorney general of New Hampshire, asked U.S. President Joe Biden to withdraw his nomination to join the U.S. Court of Appeals for the 1st Circuit, following outcry from progressives regarding his record and his positions on issues including regulation and abortion rights.
Delaney's request came a day after eight progressive groups wrote to the Senate Judiciary Committee and asked the panel to block Delaney's nomination.
"Mr. Delaney’s record in private practice, as deputy attorney general for the state of New Hampshire, and as a volunteer member of the New England Legal Foundation's (NELF) board of directors demonstrates a hostility to victims' rights, reproductive rights, employee rights, and government regulation that is unsuitable for the lifetime appointment for which he is being considered," wrote the groups, including Demand Progress, the American Economic Liberties Project (AELP), the Revolving Door Project, and the National Employment Law Project.
Democratic Sens. Jeanne Shaheen and Maggie Hassan, who both represent New Hampshire, had been pushing their colleagues to support Delaney's confirmation. Unanimous support from all Democrats on the Judiciary Committee is needed to bring the nomination to the Senate floor for a vote, and some members had been hesitant to back Delaney.
"His nomination for a lifetime appointment to a federal appellate court in an age where these groups are under sustained courtroom attacks does not meet the moment."
Democratic lawmakers and rights advocates have particularly objected to Delaney's work defending St. Paul's School when a student filed a civil suit alleging a sexual assault by a classmate.
The elite boarding school requested that the survivor only be given anonymity in the case if she and her legal team met certain terms. The survivor, Chessy Prout,
came forward after the school made the request, and she and her family lobbied aggressively against Delaney's nomination.
"I know Michael Delaney," wrote Prout in The Boston Globe after Delaney's nomination was announced. "After what he did, he doesn't deserve to be a judge."
Delaney has also been under fire since his nomination for signing a brief that defending an abortion restriction in New Hampshire and for his connection to NELF, whose stated mission champions "individual economic liberties, traditional property rights, properly limited government, and inclusive economic growth" as well as "vigorous advocacy of free market principles."
The group filed an amicus brief in 2021 in West Virginia v. Environmental Protection Agency, arguing that the EPA's ability to impose emissions regulations to fight the climate crisis should be curtailed.
The eight groups that wrote to the committee on Wednesday focused on Delaney's position on monopoly power. In his response to a question from Sen. Josh Hawley (R-Mo.) during his confirmation hearings, they noted, Delaney said a threshold of 80% to 95% of market share qualified as a monopolization claim—denoting what Katherine Van Dyck, senior legal counsel at AELP, said was "a firm allegiance to corporate power, and an animosity toward efforts to hold corporations accountable."
As the groups wrote, "This suggests that Mr. Delaney could set a threshold of 80% or more if seated on the 1st Circuit, a position that is inconsistent with federal jurisprudence where a threshold market share is not even a mandatory element of monopolization claims."
"Granting Mr. Delaney a seat on the 1st Circuit would be a gift to opponents of the so-called 'administrative state' and a boon to corporate power," the groups added. "It would pose serious threats to the rights of some of the most disadvantaged members of our economy, from women who cannot obtain reproductive health services to underpaid and overworked laborers. His nomination for a lifetime appointment to a federal appellate court in an age where these groups are under sustained courtroom attacks does not meet the moment."
The withdrawal of Delaney's nomination, said Van Dyck on Thursday, represents "a big win for the rights of many."
\u201cA lifetime appointment to the federal bench is perhaps the most privileged seat in our country. It shouldn't be handed out like a party favor. This was the right result, and I'm confident that we can find a better nominee for the 1st Circ.\u201d— Katie Van Dyck (@Katie Van Dyck) 1684425981
"This was the right result, and I'm confident that we can find a better nominee for the 1st Circuit," Van Dyck added.
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