Trump’s truth about ‘due process’ has the left melting down
Tuesday’s congressional testimony from Homeland Security Secretary Kristi Noem turned heads for all the wrong reasons. Pressed to define “habeas corpus,” she stumbled. And while I respect Noem, this moment revealed just how dangerously misunderstood one of our most vital legal protections has become — especially as it’s weaponized in the immigration debate.
Habeas corpus is not a loophole. It’s a shield. It’s the constitutional protection that prevents a government from detaining a person — any person — without first justifying the detention before a neutral judge. It doesn’t guarantee freedom. It demands due process. Prove it or release them.
Bureaucratic inertia, activist judges, and political cowardice have turned due process into a slow-motion invasion. And the left knows it.
And yet, this doctrine — so essential to our liberty — is now being twisted by the political left into something it was never meant to be: a free pass for illegal immigration.
The left wants to frame this as a matter of compassion and rights. Leftists ask: “What about habeas corpus for migrants?” The implication is clear: They see any attempt to enforce immigration law as an attack on civil liberties.
But that’s a lie. Habeas corpus is not an excuse for indefinite presence. It doesn’t guarantee that every person who crosses the border gets to stay. It simply requires that we follow a process — a just process.
And that’s exactly what President Donald Trump has proposed.
Habeas corpus, rightly understood
Habeas corpus is the front door to the courtroom. It simply requires the government to justify why someone is being held or detained. It’s not about citizenship. It’s about human dignity.
America’s founders knew this — and that’s why they extended the right to persons, not just citizens. Habeas corpus isn’t a pass to stay in America forever — it’s a demand for legal clarity: “Why are you holding me?” That’s it.
If the government has a lawful reason — such as illegal entry — then deportation is a legitimate outcome. And yet, the left treats any enforcement of immigration law as a betrayal of American ideals.
The danger today isn’t that habeas corpus is being ignored; it’s that it’s being hijacked. The system is being overwhelmed with bad-faith cases, endless appeals, and delays that stretch for years. Right now, the immigration courts are buried under 3.3 million pending cases. The average wait time to have your case heard is four years. In some places, people are being scheduled for court dates as far out in 2032. Where is the justice in that?
This is not compassion. This is national sabotage.
Weaponizing due process
The left uses this legal bottleneck as a weapon, not a shield. Democrats invoke due process as if it requires the government to play a never-ending shell game with public safety. But that’s not what due process means. Due process means the state must play by the rules. It means a judge hears a case. It means the law is applied justly and equally. It does not mean an open border by procedural default.
So no, Trump is not proposing the end of habeas corpus. He’s calling out a broken system and saying, out loud, what millions of Americans already know: If we don’t fix this, we don’t have a country.
This crisis wasn’t an accident — it was engineered. It’s a Cloward-Piven playbook, designed to overwhelm the system. Bureaucratic inertia, activist judges, and political cowardice have turned due process into a slow-motion invasion. And the left knows it.
Abandon the Constitution?
Remember, the Constitution is not a suicide pact. But how do we balance the Constitution and our national survival without descending into authoritarianism? Abandon the Constitution? No. Burn the house down to get rid of the rats? Absolutely not. The Constitution itself gives us the tools to take on this crisis head on.
The federal government has clear authority over immigration. Illegal presence in the United States is not a protected right. Congress has the power to deny entry, enforce expedited removals, and reject bogus asylum claims. Much of this is already authorized by law — it’s simply not being used.
RELATED: Trump shrugs at immigration law — here’s what he should have said
Photo by: Rodrigo Varela/NBC via Getty Images
President Trump’s idea is simple: Use the tools we already have. Declare the southern border a national security emergency. Establish temporary military tribunals for triage. Process asylum claims swiftly outside the clogged court system. Restore “Remain in Mexico” so that the border is no longer a remote court room. Appoint more immigration judges, assign them to high-volume areas, and hold streamlined hearings that still respect due process.
That’s not authoritarian. That’s leadership.
The path forward
Trump is not trying to destroy habeas corpus. He’s trying to save it from being twisted into a self-destructive parody of itself. Leftists have turned due process into delay, justice into gridlock, and they’re dragging the entire country into their chaos.
It’s time to draw the line. Protect habeas corpus. Use it lawfully. Use it wisely. And yes — use it to restore order at the border. Because if we lose that firewall, we lose the republic.
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'Blaze News Tonight' RECAP: Elon Musk's Trump donation, Secret Service failure, and a Jan. 6 victory
In the wake of Trump’s near-assassinaton, Elon Musk has not only endorsed Donald Trump for president but has also pledged $45 million a month to a Trump-affiliated PAC, likely making him an even bigger target for the left. Corrupt Democrat Sen. Bob Menendez (N.J.) has been convicted on 16 counts, leading several Democrat senators to call for his resignation, even threatening to expel him if he refuses to step down. Next, Georgia Rep. Marjorie Taylor Greene (R) gives her thoughts in an exclusive interview on Trump’s decision to appoint JD Vance as his running mate, as well as Biden’s calls for unity. Next, former Navy SEAL and security expert Erik Prince joins the show to shed light on the newly surfaced Iranian assassination plot, as well as the failure of the Secret Service not only at the rally but in general. However, there is a hopeful development in one January 6 case. A federal judge ordered the release of January 6 prisoner John Strand. Blaze News investigative journalist Steve Baker calls in to discuss the ruling.
Elon Musk Goes Full MAGA with Monthly $45M Trump Super PAC Pledge | Guest: Erik Prince | 7/16/24 www.youtube.com
Elon gets super political in super PAC donation
Senior politics editor and Washington correspondent for Blaze Media Christopher Bedford joins Jill and the panel on “Blaze News Tonight” from day two of the Republican National Convention in Milwaukee, Wisconsin, to discuss Elon Musk’s recent political moves and Democrat Sen. Bob Menendez’s conviction.
In regard to Musk’s donation pledge, Bedford says, “My gosh, he’s brave.”
Not only did Musk pledge “$45 million a month, a staggering amount of money,” to a Trump super PAC, but he also expressed his disapproval of Democrat California Gov. Gavin Newsom’s bill that permits children to transition behind their parents’ backs by vowing to “move his space company to Texas.”
Further, Democrat Senator Bob Menendez, who Bedford says is “one of the more openly corrupt senators” and “an incredibly arrogant politician,” has been convicted on “federal corruption charges.”
Even “the Democrats just want him to go away,” says Bedford.
Further, Julio Rosas, Blaze Media’s national correspondent, who is also attending the RNC convention, spoke with Rep. Marjorie Taylor Greene (R-Ga.) about her thoughts regarding Trump’s VP pick, JD Vance.
“It’s the direction I want the party to go in, and that’s going to be America first,” Greene said of Vance.
To Biden’s calls for “unity,” Greene was candid: “If Joe Biden and the Democrats were serious about unity, he would completely stop the weaponized Department of Justice that he has enabled, he would reel back Merrick Garland, he would drop all the charges against President Trump, [and] he would release political prisoners who are being held in prison for years now for protesting election fraud.”
Secret Service failure and Kimberly Cheatle’s refusal to step down
The Secret Service is on high alert after reports of an Iranian plot to assassinate Donald Trump have surfaced. Former Navy SEAL and security expert Erik Prince joins the show to shed light on the threat.
“I think this is a desperate effort to deflect from a completely botched job of protecting the leading Republican candidate and front-runner for the next presidency,” Prince tells Jill, adding that he doesn’t give the threat “a whole lot of credibility.”
“We suffer from a from a whole collection of federal agencies that are bloated, obese, unaccountable, and ineffective, and we continue to steer away from a merit-based, execution-based excellent society to our detriment,” he continues, noting that had Trump been killed, “we could have literally torn the country asunder.”
When Prince points to the lack of merit in our federal agencies, he is, at least in part, referring to Secret Service director Kimberly Cheatle’s DEI initiative to ensure 30% of the force is made up of women.
Even though Cheatle has technically “[taken] responsibility” for Trump’s near-assassination, she has nonetheless refused to step down from her position.
While the FBI has sworn to investigate Saturday’s unfortunate events, Jill questions the authenticity of their claims, given “the way that the federal agencies have handled Donald Trump-related issues in the past.”
Prince agrees, stating he has “zero confidence in the federal government being able to investigate itself.”
A January 6 victory
The tides have turned for one January 6 defendant, John Strand, who was ordered to be released by a federal judge this July.
Blaze News investigative journalist and fellow January 6 victim Steve Baker joins the show to explain the details of Strand’s case. Steve tells Jill and the panel that Strand is one of the more “high-profile cases” of all the January 6 defendants.
Strand attended the Capitol on January 6 because he was the friend and bodyguard of Dr. Simone Gold, who was deplatformed during the height of COVID for recommending “alternate therapies that were not part of the approved narrative from the administration.”
Dr. Gold was scheduled to speak at the Capitol that day — an event that was “legally permitted.” When the Oathkeepers and Strand escorted Dr. Gold to her speaking location, however, the chaos had already begun.
“John Strand and Simone Gold did not participate in violence; they did not participate in breaching the Capitol building whatsoever,” says Baker, “but when the doors opened, they, like so many hundreds and even thousands of others, did in fact go inside peacefully, and she actually decided to deliver her prepared remarks there in the Rotunda.”
After Dr. Gold delivered her speech, she and Strand “peacefully left.” However, both were “arrested very early on” and were “charged not only with a handful of misdemeanors,” but also with the “infamous 1512 obstruction of an official preceding felony, which carried up to 20 years potential imprisonment.”
While Gold ended up “taking a plea deal" involving “60 days in prison,” Strand decided that “he was going to be a warrior” and fight the charges. In the end, he was sentenced to “32 months in prison.”
“They committed exactly the same crimes, but because he wasted the government's time and he put them through the hassle of having to prepare for a trial … Simone got two months in prison and he got 32 months in prison,” says Baker.
However, the Supreme Court’s “overturning of 1512" led to Strand’s release.