[W:875] Trump administration 'looking at' suspending habeas corpus, Stephen Miller says

[braindrain]

Incorrect, it turns out that it is you who has missed everything about Trump and his relationship with armed forces. The first evidence of this is how you appear to have thought that I was referring exclusively to the army or navy, when they are just a percentage of the total armed forces under Donald’s command. There’s the FBI, doing his bidding without question. There is a US marshals service, also doing his bidding without question. Oh, there’s also ATF and CBP and ICE, and this may come as a surprise to you, but they are also doing Donald’s bidding. Each one of these groups has thousands if not tens of thousands of armed personnel, fully empowered to detain, arrest and throw you in jail if they find cause and all of these many three letter agencies report directly to Donald, and are led by leaders entirely loyal to him, and will do his bidding, regardless of what the Supreme Court thinks about it.

Oh, and there’s also the traditional Armed Forces too. They will follow Pete’s orders, or be replaced by those who will. And given that a solid 30% of the American population has pledged unending loyalty to Donald and it’s not unreasonable to assume that this percentage carries over into the military, it’s safe to say that there are hundreds of thousands of active on duty soldiers who consider themselves loyal first and foremost to Donald J Trump.

Rarely does one come across a post with this much bullshit all in one post.
Well done.

And that is even after you went back and edited some of the more blatant bs out.

 

[Simon W. Moon]

Being returned home isn't punishment.

Not even when it is against your will?

 

[CLAX1911]

The context is that you lied when you claimed that the illegal migrants facing deportation to El Salvador “aren't being accused of a crime”.

They aren't being accused of a crime they are being sent home. If they aren't legally here the crime is already proven

On it’s face, an embarrassingly foolish,

Only if the criminal act wasn't already proven.

dishonest attempt to ignore the reality of Traitor Trump’s unconstitutional tactic of denying due process.

If they are determined to be illegal aliens that is all the process due. A trial would be a waste of time. Council is this person here legally, no okay deportation is granted.

 

[CLAX1911]

Not even when it is against your will?

Not even then.

 

[CLAX1911]

Here is your detailed analysis of the MAJOR differences between Musk "just making a gesture based on political parties" [which political parties?]
and a True Nazi Salute™


a True Nazi Salute™ according to @CLAX1911


whereas Musk only


Here in this demonstration you can see the stark differences outlined by @CLAX1911

Pay special attention to ABSOLUTELY CRITICAL details like the distance between the hand and the shoulder and the direction of the palm

You can use this image to help you visualize where the heart and shoulder are in relation to one another:

View attachment 67569210​

You or rather your masters in the media are interpreting a gesture to be a Nazi salute based on partisan tribalism.

What makes musk a fascist Nazi evil death devil besides your misinterpretations

 

[Simon W. Moon]

Not even then.

Someone better tell al those parents at the amusement park with their kids that going home early is NOT a punishment! lol!
; )

OTOH,​

Do you have a case law citation for your assertion about what does or does not constitute "punishment" legally?​

​

or is this more of just a you-know-punishment-when-you-see-it sort of thing?​

 

[Xilnik]

If you're an illegal alien and this is the case go to a Port of entry and request asylum

That's their choice.

And?

So when we are just deporting the average Joe home. What's the process due after they are determined to be illegal aliens?

So you show the jury his tattoos and affiliations and that they are known MS-13 them you can send them to El Salvador prison?

Prove it?

Well it's not being an illegal alien is the justification of deportation.

What would be sufficient evidence?

Deportation is justified in the basis that they are illegal aliens.

If there can be no evidence you are in a gang outside of the only

But to ignore evidence is foolish.

Being returned home isn't punishment.

There doesn't need to be if you are an illegal alien you are subject to deportation

Not everyone being deported has a home to return to, which is why ensuring the right legal process is essential. That's not a choice, it's a right under the US Constitution. Saying "go to a Port of Entry and request asylum" ignores the real issue; many deportations happen without allowing people the opportunity to apply for asylum, and some aren't sent to their actual home countries.

If gang membership is being used as justification for deportation, then proof should be required, just as it would be in any other criminal accusation. The burden of proof isn't on me to show people are being deported who are not part of gangs; the burden of proof is on ICE and attorneys to present sufficient evidence of the membership. Simply showing tattoos and affiliations isn’t always conclusive evidence. Proximity to criminals or having certain symbols doesn’t equate to active participation in crime. That’s why law enforcement relies on investigations rather than assumptions in other cases; why should this be different?

Law enforcement exists to uphold justice based on evidence, not simply enforce deportations without question. You are proposing that ICE be given the power of law enforcement, legal counsel, judge, and jury. If tattoo-based profiling is enough to justify prison or deportation, where is the safeguard against wrongful accusations?

Ignoring due process sets a dangerous precedent; if undocumented status alone is enough to deport someone, then why invoke gang affiliation at all? If gang membership is being cited as justification for imprisonment in another country, there should be actual proof before taking that action.

 

[Simon W. Moon]

You or rather your masters in the media are interpreting a gesture to be a Nazi salute based on partisan tribalism.

I clearly went out of my way to present your careful and studied arguments about how musky's "gesture based on political parties" was NOT a Nazi salute​

Are you unsatisfied with your previous efforts?

Are there more minutia which needed mentioning you'ld like to add now?

 

[CLAX1911]

Someone better tell al those parents at the amusement park with their kids that going home early is NOT a punishment! lol!
; )

OTOH,​

Do you have a case law citation for your assertion about what does or does not constitute "punishment" legally?​

Entering into the penal system.

​

or is this more of just a you-know-punishment-when-you-see-it sort of thing?​

Nope if you aren't given a penalty such as a fine forced to pay restitution or incarcerated it's not a penalty

 

[RaleBulgarian]

They aren't being accused of a crime …

Traitor Trump is attempting to deport illegal migrants under the Alien Enemies Act. By definition, they are being accused of a crime (in addition to violating 8 U.S. Code).

Stop making a fool of yourself.

 

[Ethel2]

If you're an illegal alien and this is the case go to a Port of entry and request asylum

That's their choice.

And?

So when we are just deporting the average Joe home. What's the process due after they are determined to be illegal aliens?

So you show the jury his tattoos and affiliations and that they are known MS-13 them you can send them to El Salvador prison?

Prove it?

Well it's not being an illegal alien is the justification of deportation.

What would be sufficient evidence?

Deportation is justified in the basis that they are illegal aliens.

If there can be no evidence you are in a gang outside of the only

But to ignore evidence is foolish.

Being returned home isn't punishment.

There doesn't need to be if you are an illegal alien you are subject to deportation

Couldn’t answer my question?
I’ll rephrase it: what crime has Garcia been charged or convicted of in this country?
And did he or did he not have a valid court order precluding him from being deported to El Salvador

I answered your question
Now you answer mine

 

[CLAX1911]

Not everyone being deported has a home to return to, which is why ensuring the right legal process is essential.

I still posit determining legal status is the process due

That's not a choice, it's a right under the US Constitution. Saying "go to a Port of Entry and request asylum" ignores the real issue; many deportations happen without allowing people the opportunity to apply for asylum, and some aren't sent to their actual home countries.

So they should just be allowed to commit all of these crimes? Why can't I do crimes? If like to cheat on taxes.

If gang membership is being used as justification for deportation, then proof should be required, just as it would be in any other criminal accusation.

The burden of proof isn't on me to show people are being deported who are not part of gangs; the burden of proof is on ICE and attorneys to present sufficient evidence of the membership.

Membership in a gang is not being used to justify deportation. Being an illegal alien is.

I thought I've said this multiple times.

Simply showing tattoos and affiliations isn’t always conclusive evidence. Proximity to criminals or having certain symbols doesn’t equate to active participation in crime. That’s why law enforcement relies on investigations rather than assumptions in other cases; why should this be different?

Tattoos are irrelevant. If you're an illegal alien you can be deported.

Law enforcement exists to uphold justice based on evidence, not simply enforce deportations without question. You are proposing that ICE be given the power of law enforcement, legal counsel, judge, and jury. If tattoo-based profiling is enough to justify prison or deportation, where is the safeguard against wrongful accusations?

Still being an illegal alien is the justification for deportation. Not tattoos, not gang affiliation

Ignoring due process sets a dangerous precedent;

What process is due beyond determining if they are illegal aliens?

if undocumented status alone is enough to deport someone,

You'll have to explain that.

then why invoke gang affiliation at all? If gang membership is being cited as justification for imprisonment in another country, there should be actual proof before taking that action.

I'm his home country.

 

[CLAX1911]

Traitor Trump is attempting to deport illegal migrants under the Alien Enemies Act. By definition, they are being accused of a crime (in addition to violating 8 U.S. Code).

Stop making a fool of yourself.

No he's attempting to deport them to El Salvadorian prison under alien enemies act and that's only if they are part of a terrorist organization.

 

[Pyrite]

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

Fascists are gonna fascist.
This man is as physically grotesque as his Nazi adjacent ideology is.

Loading…

www.nytimes.com

...Such a move would represent a dramatic escalation in the Trump administration’s battles with the courts over his efforts to carry out mass deportations. And it would be yet another sweeping assertion of executive authority, one in tension with a right generally guaranteed in the Constitution.

As with many of Mr. Trump’s assertions of power, it was unclear whether he could lawfully do it.

Article I of the Constitution says writs of habeas corpus are a privilege that “shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” That direction “is almost universally understood to authorize only Congress to suspend habeas corpus,” said Stephen I. Vladeck, a law professor at Georgetown University.

“The only reason why they would do this is because they’re losing” in court, he added....

 

[CLAX1911]

I clearly went out of my way to present your careful and studied arguments about how musky's "gesture based on political parties" was NOT a Nazi salute​

Are you unsatisfied with your previous efforts?

Are there more minutia which needed mentioning you'ld like to add now?

I'm just not desperate to suggest all of the people I disagree with are devil fascists. If you call everybody a Nazi the word means very little.

 

[SavannahMann]

What laws?

Oh you know. The ones the Judges keep quoting as they tell the Trump Admin “you can’t do that”.

The Trump Appointed Judge in Texas who told the Admin it couldn’t remove Illegals under the Alien Enemies Act.

Judge in Texas rules Trump's use of Alien Enemies Act for deportations 'exceeds the scope' of the law

A judge has blocked the Trump administration from detaining or removing Venezuelans targeted for deportation under the Alien Enemies Act in Texas' southern district.

abcnews.go.com

So many laws that for some reason the really smart Lawyers working for Trump either don’t know about, or hoped nobody would notice. I wonder which it is? I personally wouldn’t put money on either side of that particular bet.

 

[Simon W. Moon]

Entering into the penal system.

fwiw, a caselaw citation is a court case where the court's ruling set a legal precedent.

So, saying "Entering into the penal system" is not an example of caselaw.

Further, fines and community service are widely recognized as punishment even though they do not involve the penal system.

I am beginning to suspect you are just making shit up.

Nope if you aren't given a penalty such as a fine forced to pay restitution or incarcerated it's not a penalty

fines and restitution can happen outside of the penal system, so they cannot qualify as punishments w/ your provided definition.


MAYBE YOU SHOULD GO BACK TO LOOIKING FOR SOME PRECEDENT SETTING COURT RULINGS INSTEAD?

 

[Xilnik]

I still posit determining legal status is the process due

So they should just be allowed to commit all of these crimes? Why can't I do crimes? If like to cheat on taxes.


Membership in a gang is not being used to justify deportation. Being an illegal alien is.

I thought I've said this multiple times.

Tattoos are irrelevant. If you're an illegal alien you can be deported.

Still being an illegal alien is the justification for deportation. Not tattoos, not gang affiliation

What process is due beyond determining if they are illegal aliens?

You'll have to explain that.

I'm his home country.

I mentioned this is surrounding the 500+ people who have been deported and imprisoned in El Salvador after being accused of membership in gangs without evidence. You also had mentioned gang affiliations earlier in this thread, and now you're only focusing on illegal immigrants without gang affiliation. You're being inconsistent in your arguments.

To answer your questions about illegal aliens who have not been accused of gang activity, the due process protections still apply to them. While undocumented status alone may justify deportation under immigration law, the process must still ensure fairness, prevent wrongful removals, and allow individuals the opportunity to seek legal relief, such as asylum or appeal.

 

[Simon W. Moon]

I'm just not desperate to suggest all of the people I disagree with are devil fascists. If you call everybody a Nazi the word means very little.

Cool.

I'll stick to saying only Nazi salutes are Nazi salutes to keep down on the confusion

 

[Pyrite]

Loading…

www.nytimes.com

...Such a move would represent a dramatic escalation in the Trump administration’s battles with the courts over his efforts to carry out mass deportations. And it would be yet another sweeping assertion of executive authority, one in tension with a right generally guaranteed in the Constitution.

As with many of Mr. Trump’s assertions of power, it was unclear whether he could lawfully do it.

Article I of the Constitution says writs of habeas corpus are a privilege that “shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” That direction “is almost universally understood to authorize only Congress to suspend habeas corpus,” said Stephen I. Vladeck, a law professor at Georgetown University.

“The only reason why they would do this is because they’re losing” in court, he added....

...Habeas corpus has been suspended four times in the history of the United States, most recently in Hawaii after the attack on Pearl Harbor in 1941.

Each time, authorities cited specific congressional statutes to justify the move, with the exception of one president: Abraham Lincoln, who suspended habeas corpus during the Civil War, while Congress was not in session. His move was challenged, and in 1863, Congress passed a law giving him the explicit right to suspend habeas corpus for the duration of the hostilities.

Mr. Trump and his deputies have repeatedly tried to liken their crackdown on illegal immigration to a war or repelling an invasion. He has referred in speeches to waves of migrants entering the United States as invasions, and in March invoked the Alien Enemies Act — another wartime authority — to accelerate the deportations of Venezuelans accused of being members of the gang Tren de Aragua.

But deportations carried out under that law have been challenged in court, and the Supreme Court has blocked any further deportations under that law for now. In addition, three federal judges have in recent weeks issued rulings rejecting the argument that the wave of immigration constitutes an invasion, as Mr. Miller maintained....

 

[CLAX1911]

Oh you know. The ones the Judges keep quoting as they tell the Trump Admin “you can’t do that”.

So you can't list them?

The Trump Appointed Judge in Texas who told the Admin it couldn’t remove Illegals under the Alien Enemies Act.

You don't need the alien enemies act to deport illegal aliens. That's to deport foreign terrorists to foreign jails

Judge in Texas rules Trump's use of Alien Enemies Act for deportations 'exceeds the scope' of the law

A judge has blocked the Trump administration from detaining or removing Venezuelans targeted for deportation under the Alien Enemies Act in Texas' southern district.

abcnews.go.com

So many laws that for some reason the really smart Lawyers working for Trump either don’t know about, or hoped nobody would notice. I wonder which it is? I personally wouldn’t put money on either side of that particular bet.

 

[CLAX1911]

Cool.

I'll stick to saying only Nazi salutes are Nazi salutes to keep down on the confusion

Just like the media programmed.

 

[Pyrite]

Top Trump adviser suggests White House could suspend habeas corpus to deport migrants

The Trump administration again escalated its fight with the judiciary. In stunning remarks, White House Deputy Chief of Staff Stephen Miller said they are considering suspending habeas corpus for migrants contesting detentions. Miller’s comments come as judges across the country have blocked...

www.pbs.org

...Today, the Trump administration again escalated its fight with the courts. In stunning remarks to reporters this afternoon, White House Deputy Chief of Staff Stephen Miller said the administration is considering suspending habeas corpus.

Habeas petitions give people the right to contest unlawful detentions....

So habeas is the most basic entitlement to judicial review of unlawful detention, as you noted, Geoff.

And, essentially — I spoke to Steve Vladeck, the constitutional law scholar, who said that habeas is so fundamental that it is a right that is in the original Constitution under Article I, and that the overwhelming consensus is that it's long been that only Congress can suspend habeas corpus.

The only other time that a president has essentially done this is when it appears as though Congress is not in session. President Lincoln did this when Congress was not in session at the beginning of the Civil War, but then Congress later authorized the ability to suspend habeas.

Another constitutional law expert I spoke to said that this is significant because, without habeas, there's no way for a person to go before a court and to essentially argue that their liberty was taken away and have a hearing to argue that.

Now, the timing of Stephen Miller's comments is key here because of the fact that it's after a judge — judges have repeatedly ruled that the administration's actions regarding deportations are unlawful....

 

[CLAX1911]

I mentioned this is surrounding the 500+ people who have been deported and imprisoned in El Salvador after being accused of membership in gangs without evidence.

Show that it was without evidence.

You also had mentioned gang affiliations earlier in this thread, and now you're only focusing on illegal immigrants without gang affiliation. You're being inconsistent in your arguments.

I never mentioned it as a justification for deporting illegal aliens

To answer your questions about illegal aliens who have not been accused of gang activity, the due process protections still apply to them.

Right determining they are illegal aliens is all the process due

While undocumented status alone may justify deportation under immigration law, the process must still ensure fairness,

Undocumented is all the evidence needed to ensure fairness. You cannot legally be here if you are an undocumented alien.

prevent wrongful removals, and allow individuals the opportunity to seek legal relief, such as asylum or appeal.

If you're a citizen or a legal alien there will be documentation.

You make a request for asylum at a port of entry.

 

[SavannahMann]

Well determined to be gang members.

He doesn't. You take account of their affiliations and tattoos. It's not rocket science.

So should we discuss Hegseth’s Tattoos again?