In response to adverse rulings in numerous immigration cases, Stephen Miller is raising the specter of suspending habeas. His argument is factually and legally nuts, but it's worth explaining *why.*
I agree that Miller is pure evil. As for ignorant, I'm not sure. In this particular case, my bet would be that he very well knows everything Vladeck so ably explains here. Miller is simply twisting and perverting the facts, then coming out and speaking in a very learned, authoritative tone, figuring the MAGAs will buy it. And they will.
Very true, but unfortunately, Democrats are just as misinformed about the Constitution. I lost count of how many times I've seen comments saying "Hate speech is not free speech!"
Yes, the First Amendment doesn't protect all speech. I was referring to the kind of speech that the Supreme Court has explicitly declared to be protected, such as the speech of Westboro Baptist Church protesters (Snyder v. Phelps), which is hate speech by any reasonable definition. Their right to express their hatred in the way they did was defended by Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, among other Supreme Court justices. I'm not sure when Americans stopped understanding the purpose and importance of the First Amendment.
Let’s not forget that Miller is NOT a lawyer, so his interpretation of laws is not based on anything other than what he wants it to be. He’s the one who told 🍊in a press conference that SCOTUS ruled in THEIR favor 9-0. Of course 🍊doesn’t bother to read or check for himself and blindly believes it bc it hits his narrative.
Sadly many Americans have never received a basic education in the Constitution.
Even more concerning is that few reporters seem to know the basics, or choose not to use their articles as opportunities to teach their readers (e.g., about habeus corpus, due process, free speech, etc.). We should demand more of corporate media. Regardless of political affiliation, we can't expect citizens to stand up to dis/misinformation if the media fails to do its job.
I think he forgot he is Jewish, self loathing at that. His family disowned him and his grandparents must be doing flips. He’s an embarrassment to the Jewish people, me included.
That sounds correct. It was a thought I had too. Miller turns my stomach nearly equally as trump. (I never capitalize trump. My keyboard knows this. Ha)
That Israeli interests were massively/heavily involved with Mr. Epstein bothers the poop out of me. Miller is obviously heavily involved with more and more people being thrown into nasty prisons all over the USA. I should think about 3 million American citizens who are proud to be Americans...would screech NNNOOOOO.
He may have been reared in a Jewish home, and/or his mother may have been Jewish, but Mr. Miller talks and walks more like Eichmann. Judenrat is not new, novel, or unexpected. Power and control over others is a response from cowards. It is astounding that the "relative" lap of luxury of Santa Monica High produces such phony pricks as Miller. D. Horowitz, etal are fearmongers of the worst sort.
According to AI, this is his family history. Stephen Miller’s maternal great-great-grandfather, Wolf Lieb Glotzer, and his wife, Bessie, emigrated from Antopol, a village in present-day Belarus, to the United States on January 7, 1903, aboard the S.S. Moltke. They fled the Russian Empire to escape the anti-Jewish pogroms that were prevalent between 1903 and 1906.
Upon arrival in the U.S., the family anglicized their surname from Glotzer to Glosser. This was a common practice among immigrants seeking to assimilate and avoid discrimination. The Glosser family eventually settled in Johnstown, Pennsylvania, where they established Glosser Bros. Department Store, which grew into a successful retail business.
Connection to Stephen Miller
Stephen Miller’s mother, Miriam Glosser, is a descendant of this family. Therefore, while Stephen Miller has always carried the surname Miller, his maternal lineage traces back to the Glotzer/Glosser family. His uncle, Dr. David S. Glosser, has publicly discussed their family’s immigrant history, emphasizing the contrast between their refugee background and Stephen Miller’s stance on immigration policies. 
He’s beyond an embarrassment to all humans. I’m not Jewish; I’m a green-eyed naturally blonde granddaughter of early 20th century immigrants from Norway (1911), where my family were starving under the yoke of Swedish rule. That’s not to say that some immigrants have more reason to come to America than others (there were witch burnings in Norway but no pogroms that I know of), just that you don’t have to be Jewish to loathe him. I loathe him, too.
It is my understanding that he is married, that in its self begs a question. What person in their right mind would cozy up with this nazi? Okay, rhetorical, it answers its self doesn't it?
I call it the Third Eye. I used to wish Trump to drop dead from an MI. But he's such a Buffoon as to not be taken seriously. It's that very INSIDIOUS Herr Heinrich Himmle...erm... Stephen Miller who we really need to keep an eye on. If he was given total freedom to get rid of all races except whites, he would have started a genocide-style eradication.
Thanks for this. I was losing my mind over this, but you put a more rational perspective (than mine) on it. I agree that this is a thinly veiled threat to judges which is likely to backfire. I hope that is all it is. Scary stuff.
He can be arrested. He is not protected by either that awful Supreme Court ruling or the Senate. He was never confirmed. Let him ignore a subpoena and be arrested.
Rumor has it that Orange is considering Miller for National Security Advisor, now that Mike Waltz has lost that position. That job requires Senate confirmation.
Won't that be fun times? Noseferatu in front of a Senate committee. He won't be able to screech about his usual nonsense. Lying to Congress is a federal offense.
I am certainly no defender of this evil clown and he certainly not protected by the immunity rule created out of whole cloth by the Idiots in Robes, but what exactly might he be arrested for? Evil is not a crime. Stupidity is not a crime. Whatcha got?
We haven't started investigating. He can be subpoenaed and refuse to appear.....that could be just the start. He could lie under oath to Congress. He is wily.
Thanks for the exposing the fallacy of Stephen Miller’s arguments. A couple weeks ago, a conservative social media influencer I know suggested the possible suspension of habeas corpus to avoid the inconvenience of due process. With Stephen Miller threatening the suspension of the writ, it’s now becoming all too real as a possibility.
Taney was correct in Merryman despite Lincoln's disregard and blinkered approach. I can hear Trump/Miller both saying that if suspending the writ was good enough for Lincoln then it's precedent for them --no matter how convoluted.
It should be noted that Gollum, jr is NOT an attorney. But also it should be noted that he is running the country. The Convict-in-Chief is too far gone to effectively rule and that's just the way his troll shop aka the Cabinet likes it. They rule, he cheats at golf and babbles lies to the MAGAts. All is well in their world. The trolls will never invoke the 25 Amendment, they are having too much fun. But, they are not protected by that idiotic Supreme Court ruling. Arrest and impeach.
Never is a long time and Tr*mp is failing fast. Was it Spitting Image that did a hilarious “Weekend at Bernie's’ with a dead Soviet dictator? (Chernenko?) But Tr*mp's cadaver will he harder to lug about.
I'm not so generous as you are, I honestly don't think it's too soon to use the word, "evil". In fact it's shaping up as the right time, leaning towards too late. If not now, when?
Just because someone has Jewish ancestry doesn't mean he has ANY faith. Much of the MAGA movement is made up of people who claim to be Christian, but don't follow the most fundamental teachings of Christ -- to love their neighbor, which Christ defined as EVERYONE in his parable of the Good Samaritan.
I don't claim myself of the Christian faith, nor do I attend church, as I don't believe in organized religion. HOWEVER! I do believe in Christ, and enjoy reading his parables. I also believe in the Golden Rule. One does not have to be a Christian to live as Christ did in the NT.
OY
Profoundly, profoundly dangerous territory.
Pure mafia boss tactics. Except from a foot soldier, not a capo.
More of an caporegime, an underboss. Bearing in mind, that the boss is utterly incompetent.
Miller is pure evil. Ignorant and evil.
I agree that Miller is pure evil. As for ignorant, I'm not sure. In this particular case, my bet would be that he very well knows everything Vladeck so ably explains here. Miller is simply twisting and perverting the facts, then coming out and speaking in a very learned, authoritative tone, figuring the MAGAs will buy it. And they will.
Very true, but unfortunately, Democrats are just as misinformed about the Constitution. I lost count of how many times I've seen comments saying "Hate speech is not free speech!"
Guess it depends on the speech. Not everything that's uttered is legal. But I get your point.
Yes, the First Amendment doesn't protect all speech. I was referring to the kind of speech that the Supreme Court has explicitly declared to be protected, such as the speech of Westboro Baptist Church protesters (Snyder v. Phelps), which is hate speech by any reasonable definition. Their right to express their hatred in the way they did was defended by Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, among other Supreme Court justices. I'm not sure when Americans stopped understanding the purpose and importance of the First Amendment.
Let’s not forget that Miller is NOT a lawyer, so his interpretation of laws is not based on anything other than what he wants it to be. He’s the one who told 🍊in a press conference that SCOTUS ruled in THEIR favor 9-0. Of course 🍊doesn’t bother to read or check for himself and blindly believes it bc it hits his narrative.
All true, Ana. Still, I doubt he's as ignorant as he lets on. I really doubt he actually believes that SCOTUS ruled in the orange blob's favor, 9-0.
Oh, he’s definitely no dummy… he’s just a manipulator, liar and Nazi facist drunk on power.
Sadly many Americans have never received a basic education in the Constitution.
Even more concerning is that few reporters seem to know the basics, or choose not to use their articles as opportunities to teach their readers (e.g., about habeus corpus, due process, free speech, etc.). We should demand more of corporate media. Regardless of political affiliation, we can't expect citizens to stand up to dis/misinformation if the media fails to do its job.
I think he forgot he is Jewish, self loathing at that. His family disowned him and his grandparents must be doing flips. He’s an embarrassment to the Jewish people, me included.
A Shanda fir di goyim.
er iz drek aoyf mayne shikh.
Please elaborate, and translate too, thank you!
He is the dirt on my shoes in Yiddish.
I have responded to his tweets with the word “Shanda” many times.
I’m second generation Holocaust survivor. My Dad’s parents were murdered, my maternal grandmother spoke Yiddish and German to us.
Me too.
Olivia Troye who served in Trump 1.0 told Charlie Sykes that he is as off putting in daily life as he is in his policies.
Doesn’t surprise me. How does his wife even look at him.
Troye said she knew both of them before they got married and they were two peas in a pod.
That sounds correct. It was a thought I had too. Miller turns my stomach nearly equally as trump. (I never capitalize trump. My keyboard knows this. Ha)
A slimy Gollum in the White House.
Apparently Miller has forgotten which group is next after the white christian nationalists are done with the trans, black and brown people.
Exactly
That Israeli interests were massively/heavily involved with Mr. Epstein bothers the poop out of me. Miller is obviously heavily involved with more and more people being thrown into nasty prisons all over the USA. I should think about 3 million American citizens who are proud to be Americans...would screech NNNOOOOO.
He is a full fledged Nazi.
A Jewish Nazi, imagine that. I’m glad my survivor parents are not here to see this.
He may have been reared in a Jewish home, and/or his mother may have been Jewish, but Mr. Miller talks and walks more like Eichmann. Judenrat is not new, novel, or unexpected. Power and control over others is a response from cowards. It is astounding that the "relative" lap of luxury of Santa Monica High produces such phony pricks as Miller. D. Horowitz, etal are fearmongers of the worst sort.
According to AI, this is his family history. Stephen Miller’s maternal great-great-grandfather, Wolf Lieb Glotzer, and his wife, Bessie, emigrated from Antopol, a village in present-day Belarus, to the United States on January 7, 1903, aboard the S.S. Moltke. They fled the Russian Empire to escape the anti-Jewish pogroms that were prevalent between 1903 and 1906.
Upon arrival in the U.S., the family anglicized their surname from Glotzer to Glosser. This was a common practice among immigrants seeking to assimilate and avoid discrimination. The Glosser family eventually settled in Johnstown, Pennsylvania, where they established Glosser Bros. Department Store, which grew into a successful retail business.
Connection to Stephen Miller
Stephen Miller’s mother, Miriam Glosser, is a descendant of this family. Therefore, while Stephen Miller has always carried the surname Miller, his maternal lineage traces back to the Glotzer/Glosser family. His uncle, Dr. David S. Glosser, has publicly discussed their family’s immigrant history, emphasizing the contrast between their refugee background and Stephen Miller’s stance on immigration policies. 
He’s beyond an embarrassment to all humans. I’m not Jewish; I’m a green-eyed naturally blonde granddaughter of early 20th century immigrants from Norway (1911), where my family were starving under the yoke of Swedish rule. That’s not to say that some immigrants have more reason to come to America than others (there were witch burnings in Norway but no pogroms that I know of), just that you don’t have to be Jewish to loathe him. I loathe him, too.
It is my understanding that he is married, that in its self begs a question. What person in their right mind would cozy up with this nazi? Okay, rhetorical, it answers its self doesn't it?
He’s almost worse than Musk‼️
Thanks for the great analysis as always!
One might ask where this wingnut went to law school....but not surprisingly, he didn't....:(
Ha...thats ripe. I was wondering about that.
Didn’t stop him starting an organization called AF Legal. He really is top of my wish list for people to drop dead.
I call it the Third Eye. I used to wish Trump to drop dead from an MI. But he's such a Buffoon as to not be taken seriously. It's that very INSIDIOUS Herr Heinrich Himmle...erm... Stephen Miller who we really need to keep an eye on. If he was given total freedom to get rid of all races except whites, he would have started a genocide-style eradication.
He’s a total psychopath. Real life Voldemort
He reversed Popoks Legal AF
Perhaps. Popok probably didn’t sue because it’s technically American First Legal which isn’t really very close to Legal As Fuck 😁
Thanks for this. I was losing my mind over this, but you put a more rational perspective (than mine) on it. I agree that this is a thinly veiled threat to judges which is likely to backfire. I hope that is all it is. Scary stuff.
Dear Melissa, this pronouncement is not thinly veiled. It is a direct threat to judges and the notion of legal authority
Yeah. DJT was scary with is ignorance. This guy is scary with his evil.
Suspend Comandante Stephen Miller from the human race.
He can be arrested. He is not protected by either that awful Supreme Court ruling or the Senate. He was never confirmed. Let him ignore a subpoena and be arrested.
Rumor has it that Orange is considering Miller for National Security Advisor, now that Mike Waltz has lost that position. That job requires Senate confirmation.
Won't that be fun times? Noseferatu in front of a Senate committee. He won't be able to screech about his usual nonsense. Lying to Congress is a federal offense.
I am certainly no defender of this evil clown and he certainly not protected by the immunity rule created out of whole cloth by the Idiots in Robes, but what exactly might he be arrested for? Evil is not a crime. Stupidity is not a crime. Whatcha got?
We haven't started investigating. He can be subpoenaed and refuse to appear.....that could be just the start. He could lie under oath to Congress. He is wily.
Steve, in the paragraph beginning "First" you say "because courts have ruled against the courts". Did you mean "against the government?
I sure did! Fixing now.
Thanks for the catch. This is what I get when I write ... fast.
Thanks! I had the same question.
Thank you for so deftly dissecting Miller's statement and explaining it so clearly.
Yes! This really clearly explains how Habeas works and exactly what Miller/gollum is trying to do. This is very helpful to me.
Thanks for the exposing the fallacy of Stephen Miller’s arguments. A couple weeks ago, a conservative social media influencer I know suggested the possible suspension of habeas corpus to avoid the inconvenience of due process. With Stephen Miller threatening the suspension of the writ, it’s now becoming all too real as a possibility.
Taney was correct in Merryman despite Lincoln's disregard and blinkered approach. I can hear Trump/Miller both saying that if suspending the writ was good enough for Lincoln then it's precedent for them --no matter how convoluted.
It should be noted that Gollum, jr is NOT an attorney. But also it should be noted that he is running the country. The Convict-in-Chief is too far gone to effectively rule and that's just the way his troll shop aka the Cabinet likes it. They rule, he cheats at golf and babbles lies to the MAGAts. All is well in their world. The trolls will never invoke the 25 Amendment, they are having too much fun. But, they are not protected by that idiotic Supreme Court ruling. Arrest and impeach.
Miller and Vought, don't forget Russ, a true fascist..........
Never is a long time and Tr*mp is failing fast. Was it Spitting Image that did a hilarious “Weekend at Bernie's’ with a dead Soviet dictator? (Chernenko?) But Tr*mp's cadaver will he harder to lug about.
Great article!
I hesitate to use the word “evil”, but Miller certainly belongs in that conversation.
And as others have already pointed out, he’s an embarrassment to our faith (Judaism).
I'm not so generous as you are, I honestly don't think it's too soon to use the word, "evil". In fact it's shaping up as the right time, leaning towards too late. If not now, when?
EEVILLLLLLLLLL
Just because someone has Jewish ancestry doesn't mean he has ANY faith. Much of the MAGA movement is made up of people who claim to be Christian, but don't follow the most fundamental teachings of Christ -- to love their neighbor, which Christ defined as EVERYONE in his parable of the Good Samaritan.
Sadly many people who assert that they are Jewish are part of maga. Fear and loathing in the USofA
I don't claim myself of the Christian faith, nor do I attend church, as I don't believe in organized religion. HOWEVER! I do believe in Christ, and enjoy reading his parables. I also believe in the Golden Rule. One does not have to be a Christian to live as Christ did in the NT.