Key Points – Department of Homeland Security Secretary Kristi Noem faced a difficult week, highlighted by her incorrect definition of habeas corpus during a Senate hearing on Tuesday, May 20th, where she was corrected by Senator Maggie Hassan.
-This gaffe occurred amid discussions of the Trump administration’s controversial deportation policies. Noem also drew criticism from Senator Ruben Gallego for requesting a new $50 million Gulfstream jet despite already having one, and for her social media posts.
-Additionally, reports surfaced that DHS under Noem is using polygraph tests to identify and prosecute staff suspected of leaking information, a move defended by her department.
What is going on at Kristi Noem’s Department of Homeland Security? – The Secretary of Homeland Security, most people agree, should be familiar with habeas corpus, or at least be able to define it.
But Kristi Noem, the current DHS secretary, flubbed the definition while testifying before Congress on Tuesday.
Habeas corpus, a legal concept that dates back long before the U.S. Constitution, is the idea that people cannot be unlawfully detained. The Constitution itself states that “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.”
The concept is in the news currently due to the Trump Administration’s controversial deportation policies, with White House adviser Stephen Miller even floating the idea of suspending habeas corpus.
Noem graduated from college with a political science degree, although she does not hold a law degree. But she still flubbed the habeas corpus question when asked about it in a Senate hearing.
Hassan vs. Kristi Noem
In the hearing, before the Senate Homeland Security Committee, Noem was asked to define habeas corpus, to which she replied, “Habeas corpus is a constitutional right that the president has to be able to remove people from this country.”
This is, of course, not true, as Sen. Maggie Hassan (D-NH) replied, “Excuse me, that’s incorrect.”
“Habeas corpus is the legal principle that requires that the government provide a public reason for detaining and imprisoning people,” the New Hampshire senator continued. “If not for that protection, the government could simply arrest people, including American citizens, and hold them indefinitely for no reason.”
Noem, later on, made another suspect statement about habeas corpus.
“I support habeas corpus,” Noem said, per Axios. “I also recognize that the president of the United States has the authority under the Constitution to decide if it should be suspended or not.”
More Bad News For Noem
Throughout the day on Tuesday, Noem was roundly mocked for not knowing the definition of such a basic constitutional concept. And for other things, as well.
In addition to that, Sen. Ruben Gallego (D-AZ) mocked Noem’s frequent social media stunts, in which she shows up at prisons and border installations, always in full glam, and usually brandishing guns. And he started with a request for a new plane.
“You’ve requested a $50 million allotment for a private Gulfstream jet. That’s $50 million of taxpayer money to subsidize some of your national tours you’ve been going on,” Gallego said of Noem.
“We’ve seen the Instagram photos. … I’ve seen some really bad weapons handling,” Gallego, himself a veteran, said, per the Arizona Republic.
Lie Detectors at DHS
Meanwhile, the Wall Street Journal had another negative story about Noem on Tuesday, reporting on the Department of Homeland Security’s use of polygraph tests to try to ascertain whether DHS staffers have been leaking to the media.
While such tests are often used inside intelligence agencies, there are used much less often to smoke out leakers. But like most efforts at stopping leaks, this one was itself leaked to the media.
The tests, per the Journal, “have been used to search for leaks of information that Noem and her top deputies consider disloyal or embarrassing, according to current and former officials familiar with the practice. The information the employees are accused of leaking often isn’t classified, the people said.”
Offices inside the TSA, the Journal said, have been carrying out the tests.
The Administration did not deny it.
“Under Secretary Noem’s leadership, DHS is unapologetic about its efforts to root out leakers that undermine national security,” Tricia McLaughlin, spokeswoman for DHS, told the Journal. “We are agnostic about your standing, tenure, political appointment, or status as a career civil servant—we will track down leakers and prosecute them to the fullest extent of the law.”
Is Trump Losing Faith in Kristi Noem?
Despite the flubs, there doesn’t seem to be any indication that Trump has soured on Noem, a longtime loyalist. When Trump’s support for someone is teetering, there’s usually reporting indicating that, and this has not been the case with Noem so far.
About the Author
Stephen Silver is an award-winning journalist, essayist and film critic, and contributor to the Philadelphia Inquirer, the Jewish Telegraphic Agency, Broad Street Review and Splice Today. The co-founder of the Philadelphia Film Critics Circle, Stephen lives in suburban Philadelphia with his wife and two sons. For over a decade, Stephen has authored thousands of articles that focus on politics, technology, and the economy. Follow him on X (formerly Twitter) at @StephenSilver, and subscribe to his Substack newsletter.
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