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At Senate Hearing, DHS Secretary Kristi Noem Can’t Define Habeas Corpus

HeadlineMay 21, 2025

Homeland Security Secretary Kristi Noem is drawing backlash following a hearing in front of the Senate Homeland Security Committee Tuesday in which she botched the definition of “habeas corpus.” This is Democratic Senator Maggie Hassan of New Hampshire questioning Noem about the constitutional right that safeguards people from being illegally detained.

Sen. Maggie Hassan: “So, Secretary Noem, what is habeas corpus?’’

DHS Secretary Kristi Noem: “Well, habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to” —

Sen. Maggie Hassan: “No, let — no, let me — let me stop you, Ma’am.”

DHS Secretary Kristi Noem: — “and to suspend their right to” —

Sen. Maggie Hassan: “Habeas corpus — excuse me, that’s incorrect. Habeas corpus” —

DHS Secretary Kristi Noem: “President Lincoln used it.”

Sen. Maggie Hassan: “Excuse me. 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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