Kristi Noem Ridiculed for Claiming Habeas Corpus Gives…

Kristi Noem Ridiculed for Claiming Habeas Corpus Gives Trump Right 'To Remove People From This Country': 'She Has No Clue'

Secretary of Homeland Security Kristi Noem fumbled when asked to define habeas corpus in a Senate hearing, sparking a wave of exasperation and mockery online.

"Habeas corpus is a constitutional right that the president has to be able to remove people from this country," Noem replied confidently.

Senator Maggie Hassan (D-NH), who asked the question, swiftly corrected Noem.

HASSAN: What is habeas corpus?

NOEM: Habeas corpus is a constitutional right that the president has to be able to remove people from this country

HASSAN: That's incorrect pic.twitter.com/ozRVVfdSoP
— Aaron Rupar (@atrupar) May 20, 2025

"Habeas corpus is the legal principle that requires the government to provide a public reason for detaining and imprisoning people," Hassan explained. "If not for that protection, the government could simply arrest people — including American citizens — and hold them indefinitely for no reason."

"It's the foundational right that separates free societies like America from police states like North Korea," Hassan emphasized.

Social media erupted with criticism.

i feel like the *checks notes* secretary of homeland security should be able to accurately and in detail tell you the law regarding habeas corpus.
— rigatoni jones (@versace_summer) May 20, 2025

"SHE HAS NO CLUE," one user wrote. Another added: "A 12-year-old could have answered that question better and with correct information."

"Kristi Noem's reply is the complete opposite of the definition of habeas corpus," a comment read. "This is truly a Kafkaesque kakistocracy that we are dealing with."

The viral moment has raised concerns about the legal literacy of top cabinet officials, especially on matters as fundamental as constitutional rights. As one user quipped: "No, ma'am, what you described is Trumpeas corpus."

For the love of God we need everyone in government to be able to pass a civics test
— Ben Sheehan (@ThatBenSheehan) May 20, 2025

Hassan went on to ask Noem if she supported habeas corpus, based on the correct definition. "Yeah, I support habeas corpus," she replied before adding, "I also recognize that the president of the United States has authority under the constitution to decide if it should be suspended or not."

Abraham Lincoln is the only president in America's history to suspend habeas corpus, and as Hassan clarified to Noem, he eventually turned the matter over to congress, after he perceived the imminent crisis of rebellion during the Civil War to have passed.

Lincoln acknowledged that the controversial move could be seen as an overreach, and argued that the presidential oath, "to preserve, protect and defend the Constitution," would be broken "if the Government should be overthrown when it was believed that disregarding the single law would tend to preserve it."