Secretary of Homeland Security Kristi Noem was testifying before the Senate Homeland Security and Governmental Affairs Committee about the Department of Homeland Security’s budget for fiscal year 2026. When Senator Maggie Hassan (D-NH) asked her to define “habeas corpus,” Noem’s response indicated she has no understanding of the nation’s fundamental law.

“Habeas corpus is a constitutional right that the president has to be able to remove people from this country,” Noem said. Hassan corrected her: “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. Habeas corpus is the foundational right that separates free societies like America from police states like North Korea.”

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