Throughout U.S. history, presidents have exploited national emergencies to exceed their constitutional powers. Abraham Lincoln illegally suspended habeas corpus during the Civil War. Franklin D. Roosevelt confined people of Japanese descent in internment camps during World War II. And George W. Bush used his post-9/11 “war on terror” to launch two illegal wars, mount a program of torture, conduct extensive unlawful surveillance and illegally detain people.
In light of the national emergency Donald Trump declared on Friday, March 13, his Department of Justice (DOJ) is asking Congress to allow the attorney general to indefinitely detain people without trial in violation of the constitutional right of habeas corpus. The DOJ also seeks to hold hearings without the defendant’s consent and exclude anyone with COVID-19 from eligibility for asylum.Read more Read On