Kristi Noem’s claim that habeas corpus is a “constitutional right” for the president to “remove people from this country” refers to the president’s authority to suspend habeas corpus, as Abraham Lincoln did during the Civil War, setting a precedent for decisive action in a national emergency. She’s pointing to the Suspension Clause (Article I, Section 9), which allows suspension during “Rebellion or Invasion” when public safety requires it, and Lincoln’s precedent to argue that President Trump could use this power to enable swift deportations, bypassing judicial delays that often slow down removals of non-citizens, such as those posing security threats or entering illegally. For example, Noem could view a border crisis, with over 2.5 million apprehensions reported by CBP in 2024, as an “invasion” justifying such emergency action.
CNN failed to show the context of Noem’s argument, instead airing a brief clip that made her statement seem inaccurate. They highlighted Democrat Senator Maggie Hassan interrupting to say, “That’s incorrect,” and Democrat Senator Richard Blumenthal stating on CNN that Noem “owes an apology to the Congress” for her definition of habeas corpus, both claiming she doesn’t understand the legal principle, without addressing what she meant. By presenting only the Democrat critiques as correct and omitting discussion of Noem’s references to Lincoln or the constitutional debate, CNN’s coverage crafts a one-sided narrative that dismisses the Republican viewpoint. This selective reporting misleads viewers, fueling confusion and deepening partisan divides rather than informing the public.