Congress
Noem defends potentially suspending habeas corpus, defines it as ‘right the president has to … remove people’
Department of Homeland Security Secretary Kristi Noem defended the Trump administration potentially suspending habeas corpus, engaging in a public scuffle Tuesday with a Democratic senator over the definition of the legal principle that serves as a check on the government’s ability to detain people.
When asked at a Senate hearing Tuesday by Sen. Maggie Hassan (D-N.H.) to define habeas corpus — the right of due process to challenge a person’s detention by the government — Noem described the term as “a constitutional right that the president has to be able to remove people from this country.”
Hassan, a staunch critic of President Donald Trump, quickly fired back at Noem, calling her definition “incorrect.”
“Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people,” Hassan said. “If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason.”
Hassan then pressed Noem on whether she supports the legal principle, but the secretary didn’t back down.
“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,” Noem said.
The Trump administration has floated suspending the legal right amid its crackdown on illegal immigration. Stephen Miller, a senior aide to Trump, told reporters that the administration was considering doing so earlier this month.
“The Constitution is clear … the privilege of the writ of habeas corpus could be suspended in time of invasion,” he said earlier this month. “So that’s an option we’re actively looking at. A lot of it depends on whether the courts do the right thing or not.”
The Trump administration has been barreling forward with its aggressive campaign to deport thousands of immigrants in the country illegally since Trump’s return to office in January. However, the effort has sparked various legal challenges surrounding whether Trump’s actions have exceeded the power of the executive branch and wrongfully revoked migrants’ rights to due process.
The hearing, held by the Senate Homeland Security and Governmental Affairs Committee, was scheduled to discuss DHS’ budget request for the upcoming fiscal year.
Senate Republicans confirmed dozens of President Donald Trump’s nominees Friday, just before they leave for a five-week congressional recess.
Senators voted 51-47 to approve officials at the Departments of Defense, Energy, State and other agencies.
They included David Cummins to head the Transportation Security Administration, Cameron Hamilton to lead the Federal Emergency Management Agency, Hal Duncan to be OMB deputy director and Francis Brooke to be Treasury deputy secretary. Among the group were several ambassadors, including former Rep. David Brat to be ambassador to Australia.
Senate Republicans changed the chamber’s rules last year to be able to confirm lower-level nominees as a package instead of having to hold a vote on each.
After finishing the expedited procedure Friday, Senate Republicans estimate they will only have a small number of civilian nominees awaiting confirmation.
President Donald Trump said voters may seek to punish Republicans — but not him — in the November midterm elections, as GOP lawmakers sweat that affordability concerns and the war in Iran could mean Democrats flip the House and perhaps even the Senate.
“They’re angry at Republicans,” Trump said in an interview with Punchbowl News that aired Friday. “But they’re not angry at me. They’re not angry at me, but they are angry at Republicans.”
The GOP faces the prospect of heavy losses this November, as gas and grocery prices remain stubbornly high due in part to the White House’s five-month-long war in Iran. The administration’s guidance on campaign trail messaging has been “tone deaf,” House Republicans fear.
Meanwhile, the president’s approval rating has tumbled since he returned to the Oval Office last year, and even his biggest supporters have grown frustrated over his Middle East war.
And with a messy, jam-packed slate of primaries now all but in the rearview mirror, Democrats are determined to go on offense. The Democratic Congressional Campaign Committee has 58 seats on its midterm target map that stretches into redder territory — while still facing an uphill climb to take the Senate.
Trump has a massive war chest at his disposal. His MAGA Inc. super PAC reached $400 million in June. The president told Punchbowl he plans to use it to “help Republicans,” but he stressed that he faces no pressure in this campaign cycle.
“I said to somebody, ‘Wait a minute, you don’t understand, I won,’” Trump said, referencing his 2024 presidential election victory. “I’m not campaigning.”
The biggest issue for Republicans this year? That Trump himself is not on the ballot, he said.
“If I don’t run, will those people go out and vote? And that’s the one thing I can’t tell, I’m going to ask them to,” he said.
The Senate’s plan to get out of town is coming together.
Majority Leader John Thune teed up a final vote on the Russia sanctions legislation for this morning, as well as a confirmation vote for dozens of nominees and a procedural step on a stopgap funding bill.
But there’s still a number of questions that need to be answered if Thune wants to adjourn for recess by the end of the day:
— BLANCHE’S FATE: President Donald Trump’s pick for attorney general needs to secure at least one more vote to be confirmed before the break.
It looks like it’s all up to Sen. Bill Cassidy after Sen. Lisa Murkowski announced Friday morning she is opposed. Thune indicated Thursday night Blanche’s fate was uncertain and that leaders were “still working to get the final vote.”
— SAVE AMERICA ACT: Thune said to expect a vote related to the SAVE America Act as well as an initial vote on a budget blueprint for a third party-line spending bill — which includes elements of Trump’s election security legislation.
The decision to hold the budget vote comes after two Republican senators, granted anonymity to speak candidly, told Blue Light News Thursday they believed Sen. Mike Lee or another member of the GOP’s right flank would have otherwise forced a vote on the framework.
But as we’ve previously reported, Republicans don’t believe the budget resolution has the votes within the conference to be adopted — meaning the expected initial vote today will fail to clear a simple majority threshold.
And it’s not clear Lee or like-minded senators will be satisfied and allow for lawmakers to adjourn for recess without more action on the elections measure. The senator has made similar threats over the past year but has never followed through.
— TIME AGREEMENT: GOP leaders need to strike an agreement to finish other business, including passing the stopgap government funding bill and advancing a college sports bill.
At this point, any single senator could still object to expediting the chamber’s agenda, which would derail Thune’s goal of getting members out of town by the end of the day.
“We’ve been having these conversations with Democrats trying to figure out what’s the path,” Thune said.
“We’ll see how it goes,” he added.
What else we’re watching:
— GOP EXPECTS CRYPTO BILL DELAY: The Senate will leave for the chamber’s August recess without holding a vote on a landmark cryptocurrency bill, according to three people with knowledge of the matter. Thune may still file cloture on the bill, but it likely won’t come to the floor until lawmakers return to Washington next month, two of the people said.
— COLLEGE SPORTS BILL STUMBLES: Sens. Ted Cruz and Maria Cantwell’s legislation to impose new guardrails on college sports is looking increasingly unlikely to hit the floor this week. Eleven senators objected to expedited consideration of the Protect College Sports Act after Thune filed cloture earlier this week, two people familiar with discussions told Blue Light News.
— OGLES OUSTED: GOP House leaders lost an incumbent — and a perennial headache — with Rep. Andy Ogles’ primary defeat in Tennessee Thursday night. His loss to former Tennessee Agriculture Commissioner Charlie Hatcher represents the second Trump-endorsed candidate to lose a primary this week.
Jordain Carney, Mia McCarthy, Andrew Howard and Jacob Wendler contributed to this report.
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