Legal expert weighs in on potential habeas corpus removal
May 14
Trump administration officials and reportedly the President himself are openly discussing unilaterally suspending habeas corpus, a bedrock American legal right, without the approval of Congress. The writ of habeas corpus, which dates back centuries, grants anyone detained in the U.S. the right to see a judge, challenge the government’s evidence against them and present a defense.
Legal experts say Article I of the Constitution only gives Congress the right to do away with habeas corpus. The Supreme Court and several federal judges have recently ruled that anyone detained in the U.S. — including migrants — has the right to appear before a judge and present their defense.
Paul Charlton who is a Parter at Dentons Law Firm in Phoenix joined “Arizona Horizon” to discuss what this would mean moving forward.
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