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Stay Tuned with Preet

Habeas Corpus in Jeopardy (with Rachel Barkow)

Stay Tuned with Preet

Vox Media Podcast Network

Society & Culture, Politics, Government, News

4.832.3K Ratings

🗓️ 13 May 2025

⏱️ 12 minutes

🧾️ Download transcript

Summary

Could the Trump administration suspend habeas corpus? On this week’s Insider episode, Preet is joined by Rachel Barkow, CAFE Contributor and professor at NYU Law School, while Joyce is out. In an excerpt from the show, Preet and Rachel discuss Trump advisor Stephen Miller’s comments about suspending the constitutional right to habeas corpus.  Also on the Insider docket: –  Reflections on the legacy of Supreme Court Justice David Souter, who passed away last week at age 85; and – The Justice Department’s court filing asking a federal judge to dismiss a lawsuit that seeks to restrict access to the abortion pill mifepristone. CAFE Insiders click HERE to listen to the full analysis. Not an Insider? Now more than ever, it’s critical to stay tuned. To join a community of reasoned voices in unreasonable times, become an Insider today. You’ll get access to full episodes of the podcast and other exclusive content. Head to cafe.com/insider or staytuned.substack.com. Subscribe to our Substack. Subscribe to our YouTube channel. This podcast is brought to you by CAFE and Vox Media Podcast Network.  Executive Producer: Tamara Sepper; Supervising Producer: Jake Kaplan; Associate Producer: Claudia Hernández; Audio Producer: Nat Weiner; Deputy Editor: Celine Rohr; CAFE Team: David Tatasciore, Matthew Billy, Noa Azulai, and Liana Greenway. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

Hey folks, Preet here. Joyce Vance is out this week, so joining me today is my friend, Rachel Barco.

0:08.4

Rachel is a professor at NYU Law School, and she previously served on the U.S. Sentencing Commission.

0:14.2

First, we reflect on the legacy of Supreme Court Justice David Souter, who passed away last week at age 85.

0:22.9

Then we discussed some major legal developments.

0:28.7

Trump advisor Stephen Miller said the administration is considering suspending the right to habeas corpus to expedite deportations. And in a surprising turn, the Justice Department has asked a federal

0:34.4

judge to dismiss a lawsuit that seeks to restrict access to the abortion

0:38.3

pill, Mitha Pristone. If you're a Cafe Insider, head to the insider feed or click the link in the show

0:45.0

notes of this episode to hear the full podcast. Stay tuned, listeners. Stick around for an excerpt from our

0:50.7

conversation. To hear the full discussion, become a member by heading to

0:55.0

cafe.com slash insider. Now on to the show.

1:03.8

So habeas corpus is a complicated Latin phrase. It essentially is the right recognized long before

1:10.3

the United States became a nation, correct?

1:12.8

Correct.

1:13.5

Of the ability to challenge your imprisonment in a court.

1:19.9

It is, I'm trying to think of there's something more fundamental than the right to habeas corpus

1:24.3

or more longstanding.

1:25.3

You would know, and maybe you can answer that in a second

1:28.1

and stephen miller i don't know if he's a deputy chief of staff for what his exact title is

1:33.9

but he sort of shall not be named man about town and he says the following a couple of days ago, well, the Constitution is clear,

1:47.7

and that, of course, is the Supreme Law of the Land, that the privilege of the writ of habeas corpus

1:52.6

can be suspended in a time of invasion. So that's an option we're actively looking at.

1:58.4

Look, a lot of it depends on whether the courts do the right thing or not.

...

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