News, Quotes, and Commentary of Interest to the U.P. Beginning of May – Part 3
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Topics
1. Can the President Suspend the Right of Habeas Corpus? Steven Miller says yes, but others disagree.
No, the president cannot suspend habeas corpus. Under the U.S. Constitution, specifically the Suspension Clause in Article I, Section 9, the power to suspend the writ of habeas corpus is granted to Congress, not the president. The clause allows for suspension only “when in Cases of Rebellion or Invasion the public Safety may require it”.
While the president might argue that an “invasion” or “rebellion” exists, and thus suspension is warranted, ultimately, the decision to suspend habeas corpus rests with Congress. The Supreme Court and federal courts have consistently rejected the idea of unilateral presidential suspension.
Article I, Section 9:
This section of the Constitution explicitly addresses Congress’s powers and includes the Suspension Clause, placing the authority to suspend habeas corpus firmly within the legislative branch.
Historically, when habeas corpus has been suspended, it has been done by Congress, either through explicit legislation or by delegating the authority to the president.
The Supreme Court has repeatedly affirmed that the power to suspend habeas corpus lies with Congress, not the president.
The framers of the Constitution designed a system of checks and balances to prevent any one branch of government from becoming too powerful. Giving the president the power to suspend habeas corpus unilaterally would undermine this system.
While the executive branch, including the president, may argue for suspension based on interpretations of the Constitution, the courts have consistently ruled against
Habeas corpus is a fundamental legal right, often referred to as “the Great Writ,” that protects individuals from unlawful detention by requiring a judge to examine the legality of their imprisonment. It ensures that a person in custody can challenge their confinement before a neutral judge and prevents the government from holding someone without due process.
Latin for “you have the body”:
This phrase reflects the core function of the writ, which is to bring the detained person before the court.
Habeas corpus ensures that the government cannot detain someone without legal justification.
It is a cornerstone of due process, providing a mechanism for individuals to challenge their imprisonment.
Habeas corpus focuses on whether the detention is lawful under the Constitution, not on the individual’s guilt or innocence in the underlying crime.
The right to habeas corpus is enshrined in the U.S. Constitution and has deep historical roots in English common law.
The Constitution allows for the suspension of habeas corpus in cases of rebellion or invasion when public safety requires it.
The writ can be used in both federal and state courts to challenge detentions.
Beyond criminal law:
While often associated with criminal cases, habeas corpus can also be used in other situations, such as challenging the legality of an arrest under an extradition warrant, or in cases involving child custody or mental health commitments.
In essence, habeas corpus is a vital safeguard against arbitrary detention, ensuring that individuals have the opportunity to challenge their confinement before a judge and that the government must justify its actions in holding someone in custody.
2. Qatar Lobbyist Turned United States Attorney General Pam Bondi Told Senators Plan Note a Bribe to president Trump because “not conditioned on any official act.”
The discussion centers around the acquisition and modification of a Qatari 747 aircraft intended for use as Air Force One. Despite reports of the aircraft being in possession, it remains unclear whether a memorandum of understanding has been signed by the Qatari government, which would clarify ownership and future transfers. The initial agreement was established during the Trump administration, and questions have arisen about the implications of this deal and the responsibilities involved.
Key concerns involve the contract signed for re-configuring the aircraft, which remains undisclosed in terms of cost. Senate committee members highlight the importance of transparency regarding financial details, especially since taxpayer funds will be involved. The contractor’s agreement has been finalized, but further specifics about the contract and the aircraft’s delivery timeline are not available for public discussion, leading to skepticism about the procurement process, which is often prolonged and complex.
In conclusion, there is significant uncertainty regarding the deal and its implications for both the American public and the military. Critics argue that the arrangement may primarily serve to bolster the image of the presidency rather than deliver practical benefits. As the situation develops, the need for clear communication and accountability in military procurement remains essential.
Democrats Resolution Condemning $400 Million Airplane Gift to Trump From Qatar, Reiterating Constitutional Ban on Such Gifts
WASHINGTON, D.C. — Today, U.S. Senator Alex Padilla (D-Calif.) joined 26 other Senators in introducing a resolution condemning President Trump’s acceptance of a luxury airplane gift, valued at $400 million, from the government of Qatar. According to reports, Trump intends to designate the plane as Air Force One while in office and transfer it to a foundation for personal use following the end of his term. Senators Brian Schatz (D-Hawai‘i) and Chris Coons (D-Del.) are leading the resolution.
Senator Padilla, along with his Democratic Senate Judiciary Committee colleagues, raised concerns about the potential for Qatari influence on the Trump Administration during Attorney General Pam Bondi and Federal Bureau of Investigation (FBI) Director Kash Patel’s committee hearings. AG Bondi was previously registered as a foreign agent for the government of Qatar and Director Patel did previous “consulting work” for the Qatari government.
“While Republicans in Congress are working to gut Medicaid and Social Security, President Trump is brazenly accepting a luxury jumbo jet from Qatar — for his use during and after he leaves office,” said Senator Padilla. “Once again, Trump is showing us that he puts his own interests above those of the American people, benefiting himself and leaving working families behind. This foreign gift reeks of corruption, is blatantly against the law, threatens our national security, and will cost taxpayers tens of millions in retrofit costs and security upgrades.”
“President Trump’s penchant for corruption and grift has risen to a new level with the news his presidency is for sale – if you happen to have $400 million dollars,” said Leader Schumer. “This Qatari plane deal would be the largest Presidential bribe in modern history and it’s not just naked corruption, it’s a grave national security threat. Senate Republicans may bury their heads in the sand while Trump tries to enrich himself and his billionaire buddies, but Senate Democrats are going to stand up for the American people and say enough is enough – we condemn this attempt at corruption and gross violation of the Constitution.”
“The Constitution is clear: elected officials, like the president, cannot accept large gifts from foreign governments without consent from Congress,” said Senator Schatz. “Air Force One is more than just a plane — it’s a symbol of the presidency and of the United States itself. Any president who accepts this kind of gift, valued at $400 million, from a foreign government creates a clear conflict of interest, raises serious national security questions, invites foreign influence, and undermines public trust in our government. We are asking the Senate to vote to reiterate a basic principle: no president should use public service for personal gain through foreign gifts.”
“We wouldn’t trust another country to decorate the Oval Office, to set up our Situation Room, or to wire the White House briefing room, so why would we let another country build Air Force One for us, which is an airborne version of all three? This isn’t just a massive act of corruption, it’s a national security risk of the highest order,” said Senator Coons, Ranking Member of the Senate Appropriations Subcommittee on Defense. “If President Trump is so willing to put his own administration in danger for the sake of a $400 million gift, imagine how much danger he’s willing to put the American people in.”
In addition to Senator Padilla, the resolution is also cosponsored by Senate Democratic Minority Leader Chuck Schumer (D-N.Y.) and Senators Angela Alsobrooks (D-Md.), Michael Bennet (D-Colo.), Cory Booker (D-N.J.), Lisa Blunt Rochester (D-Del.), Maria Cantwell (D-Wash.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Mazie Hirono (D-Hawai‘i), Andy Kim (D-N.J.), Angus King (I-Maine), Amy Klobuchar (D-Minn.), Jeff Merkley (D-Ore.), Chris Murphy (D-Conn.), Patty Murray (D-Wash.), Jon Ossoff (D-Ga.), Gary Peters (D-Mich.), Jacky Rosen (D-Nev.), Bernie Sanders (I-Vt.), Jeanne Shaheen (D-N.H.), Elissa Slotkin (D-Mich.), Chris Van Hollen (D-Md.), Mark Warner (D-Va.), and Ron Wyden (D-Ore.).
Full text of the resolution is available here.
3. Despite the Presidents own words, Secretary of Defense Hegseth says President Trump would never use military to go after his critics.
4. Furries Act from Greg Abbott – No confirmed cases of children using litter boxes in school.
Are passing laws about debunked conspiracy theories a good use of government resources?
The “FURRIES Act” is proposed legislation in Texas aimed at restricting certain behaviors and the use of certain items in public schools, with a particular focus on what the bill’s proponents perceive as “furry” activities. The bill, if passed, would prohibit actions like barking, hissing, and using litter boxes in schools, as well as the wearing of fursuits, tails, and other animal-like accessories. It also seeks to classify allowing or encouraging such behaviors as child abuse, potentially leading to legal action against schools and educators.
Here’s a more detailed breakdown:
Prohibited Actions:
The bill specifically targets behaviors like barking, hissing, meowing, grooming by licking, and using litter boxes.
Restricted Items:
It also bans accessories associated with “furries,” such as fursuits, tails, leashes, and items historically not designed for humans.
Child Abuse Designation:
The bill proposes that allowing or encouraging children to engage in these behaviors in school could be considered child abuse.
Penalties:
Schools that fail to enforce the law could face fines starting at $10,000, according to Wikipedia.
Parental Rights:
The bill expands parental rights, allowing parents to file complaints against schools and potentially pursue legal action.
Exemptions:
School mascots, characters in plays, and designated dress-up days (like Halloween) are excluded from the bill.
Governor’s Stance:
Governor Greg Abbott has publicly stated that he believes children are being encouraged to engage in these behaviors in schools and has even mentioned unsubstantiated claims about children undergoing surgeries to alter their physical appearance, according to Wikipedia.
5. FBI Chief Kash Patel Under Fire for Skipping Briefings; true or not?
6. Liz Cheney and Adam Kinzinger, doing the right thing or just politicians?
7. Former Vice President Mike Pence has consistently expressed the view that Vladimir Putin “only understands power” or “strength,” and that a robust and unwavering U.S. stance is crucial in dealing with Russia and the war in Ukraine
Pence believes:
- Putin wants Ukraine, not peace: He argues that Putin’s actions, including delays and excuses in adhering to ceasefire agreements, demonstrate that his ultimate goal is to seize control of Ukraine, not to establish peace.
- Strong U.S. support for Ukraine is essential: Pence advocates for continued and increased military support for Ukraine to repel the Russian invasion and achieve a lasting peace.
- Wavering support emboldens Russia: He contends that inconsistencies in U.S. support for Ukraine, such as those he attributes to the Trump administration, have encouraged Russia.
- Failure in Ukraine could lead to NATO conflict: Pence warns that if Putin successfully overruns Ukraine, he is likely to then target a NATO member nation, which would necessitate direct military involvement by U.S. forces.
These views align with his overall perspective that confronting Russia with strength is the most effective way to address the conflict in Ukraine
8. Senator Bernie Sanders has to de-escalate senator and witness wanting to fight in hearing.
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