Marc Elias: Congress Has the Authority to Suspend Habeas Corpus, Not Stephen Miller

RUSH EXCERPT:
ELIAS: "So, number one, one of the worst pieces of advice that we all got was to take Donald Trump seriously, but not literally. We should take him literally as well. And if Stephen Miller is saying this, we need to take it both seriously and literally. Now I want to correct one thing you said, Chris, which is that the suspension clause, as it’s known, requires that there be an invasion and that public safety be threatened. It is not enough that there is an invasion, which I don’t believe there is. But you certainly cannot claim that the woman student at tufts threatens public safety. So? So it would fail on those grounds. But more importantly, it has been almost universally held and commented on that Congress has the authority to suspend habeas corpus, not Stephen Miller, not the president, but Congress. And Congress has not done so here. And so Stephen Miller is wrong on the law. He’s wrong on the facts. But what he is he is the representative of a deranged authoritarian who believes he can exercise all power. And we as lawyers and as members of the media and responsible society, need to call it out for what it is and never back down."