Esquire: The White House Just Casually Floated a Move That Would Be Traitorous to the Very Idea of America

Despite what Trump advisor Stephen “Goebbels” Miller may believe, habeas corpus is a core legal right—not a revocable privilege.

The Constitution is clear and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus could be suspended in time of invasion,” said Stephen “Goebbels” Miller, White House aide, and now a confirmed traitor to the American idea. “So that’s an option we’re actively looking at.”

Unless every other elected official in this country stands up against even the consideration of this extremist pipe dream, there is no point of being a citizen of this country any more. It would be as empty a title as that of the sultan of the Ottoman Empire. Despite whatever is rattling around Miller’s febrile cabeza, habeas corpus is not a revocable privilege. It is a right guaranteed to everyone incarcerated. In calling it a “privilege” that “could be suspended” to suit the whims of his boss, “Goebbels” Miller proves himself to be a traitor not only to the American idea but also to the freaking Magna Carta (!), the 39th clause of which states, “No free man shall be seized or imprisoned … except by the lawful judgment of his equals and by the law of the land.” “Goebbels” Miller is proposing to reverse all English-speaking jurisprudence since 1215. I think if you find yourself on the wrong side of human rights from John Lackland, it’s time for us to be quite done with you.

https://www.esquire.com/news-politics/politics/a64745130/stephen-miller-trump-habeas-corpus

CNBC: Trump administration ‘looking at’ suspending habeas corpus for migrants, Stephen [“Goebbels”] Miller says

  • Senior White House advisor Stephen [“Goebbels”] Miller said that the Trump administration is “actively looking at” suspending the writ of habeas corpus, the right to challenge a person’s detention by the government, for migrants.
  • [“Goebbels”] Miller was answering a reporter who asked about President Donald Trump entertaining the idea of suspending the writ to deal with illegal immigration into the United States.
  • The writ has only been suspended four times since the U.S. Constitution was adopted, and in all but one case, Congress first authorized that action.
  • [“Goebbels”] Miller spoke hours after a federal judge in Vermont ordered the release of Tufts University student Rumeysa Öztürk from the custody of U.S. immigration authorities. She had challenged her detention with a habeas writ.

White House deputy chief of staff for policy Stephen [“Goebbels”] Miller said Friday that the Trump administration is “actively looking at” suspending the writ of habeas corpus — the constitutional right to challenge in court the legality of a person’s detention by the government — for migrants.

[“Goebbels”] Miller’s comment came in response to a White House reporter who asked about President Donald Trump entertaining the idea of suspending the writ to deal with the problem of illegal immigration into the United States.

Asked when that might happen, [“Goebbels”] Miller responded: “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 time of invasion.”

“So, I would say that’s an option we’re actively looking at,” he said.

This comes a day or two after the release of Rumeysa Öztürk, who was detained for 45 days by ICE for writing an op-ed column in a newspaper, never charged with nor convicted of any crime:

[“Goebbels”] Miller spoke hours after a federal judge in Vermont ordered the release of Tufts University student Rumeysa Öztürk from the custody of U.S. immigration authorities.

Öztürk, who had been imprisoned for 45 days after the Trump administration revoked the Turkish citizen’s student visa based on an assessment that she “may undermine U.S. foreign policy by crearting a hostile environment for Jewish students and indicating support for a designated terrorist organization.”

Öztürk challenged her detention with a petition for writ of habeas corpus, which noted that she “has not been charged with any crime,” and which argued that her “arrest and detention are designed to punish her speech and chill the speech of others.”

https://www.cnbc.com/2025/05/09/trump-deportation-habeas-corpus-miller.html

Politico: Judges have a warning about Trump’s rapid deportations: Americans could be next

A fundamental promise by America’s founders — that no one should be punished by the state without a fair hearing — is under threat, a growing chorus of federal judges say.

That concept of “due process under law,” borrowed from the Magna Carta and enshrined in the Bill of Rights, is most clearly imperiled for the immigrants President Donald Trump intends to summarily deport, they say, but U.S. citizens should be wary, too.

Across the country, judges appointed by presidents of both parties — including Trump himself — are escalating warnings about what they see as an erosion of due process caused by the Trump administration’s mass deportation campaign. What started with a focus on people Trump has deemed “terrorists” and “gang members” — despite their fierce denials — could easily expand to other groups, including Americans, these judges warn.

“When the courts say due process is important, we’re not unhinged, we’re not radicals,” U.S. District Judge Ana Reyes, a Washington, D.C.-based appointee of President Joe Biden, said at a recent hearing. “We are literally trying to enforce a process embodied in probably the most significant document with respect to peoples’ rights against tyrannical government oppression. That’s what we’re doing here. Okay?”

It’s a fight that judges are increasingly casting as existential, rooted in the 5th Amendment’s guarantee that “no person shall … be deprived of life, liberty or property, without due process of law.” The word “person,” courts have noted, makes no distinction between citizens or noncitizens. The Supreme Court has long held that this fundamental promise extends to immigrants in deportation proceedings. In a 1993 opinion, Justice Antonin Scalia called that principle “well-established.”

https://www.msn.com/en-us/news/opinion/judges-have-a-warning-about-trump-s-rapid-deportations-americans-could-be-next/ar-AA1EvZfM