White House Press Secretary Karoline Leavitt refused to shut down speculation that Donald Trump could suspend due process for migrants.
Leavitt was asked about pausing the writ of habeas corpus at a hastily announced press briefing on Monday morning focused on immigration.
After her opening remarks, Leavitt directed the first question to right-wing political commentator Rogan O’Handley, who goes by “DC Draino” online.
Despite the apparent last-minute nature of the briefing, O’Handley was ready with his written question in hand.
He blasted what he called “radical judges” whom he accused of giving more due process to undocumented immigrants than American citizens.
“Many are now calling for Trump to circumvent these radical judges and consider suspending the writ of habeas corpus solely for these illegal aliens,” O’Handley said.
“Can you please let us know if and when the Trump administration is planning to suspend the writ of habeas corpus to circumvent these radical judges who are infringing on his Article II powers and to start shipping out illegals en masse?” he asked.
Leavitt claimed that she had not heard such discussions taking place.
“I can assure you that the president and the entire administration are certainly open to all legal and constitutional remedies to ensure we can continue with the promise of deporting illegal criminals from our nation’s borders,” Leavitt said.
The White House briefing was the first in a series the Trump administration is holding to mark the president’s first 100 days of his second term which hits Tuesday.
O’Handley was the latest in a series of largely conservative “new media” personalities invited to attend the White House press briefings and given the opportunity to ask questions.
Leavitt not only left the door open to suspending due process for migrants, but said she agreed with the premise of O’Handley’s question.
“The president is trying to simply enforce our nation’s immigration laws and is facing roadblock after roadblock,” Leavitt said.
Habeas corpus, which is preserved in Article I of the Constitution, is the legal process that allows the courts to review whether a person is being wrongly detained or imprisoned.
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it,” it reads.
The writ of habeas corpus has only been suspended four times since the U.S. Constitution was ratified in 1788.
It was first suspended by President Abraham Lincoln in Maryland during the Civil War, but the move was immediately challenged in court.
It was then suspended in South Carolina during Reconstruction after the Civil War in response to the Ku Klux Klan overrunning multiple counties.
Habeas corpus was also suspended in the Philippines during a 1905 insurrection and in Hawaii in 1941 following the bombing of Pearl Harbor.
The Trump administration has been accused of denying migrants due process in an effort to quickly remove them from the U.S. and has faced off with multiple judges over its mass deportation effort.
Leavitt insisted that the administration will continue to deport undocumented immigrants.
“The president is open to all remedies to do that,” she said.
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