Stephen Miller is Lying to Unravel the Constitution
We should have prosecutions ready to go when the Trump regime falls
The Trump regime’s assault on the Constitution isn’t hypothetical. It’s unfolding in real time—right now.
The Trump’s maladministration continues to defy a rare, unanimous Supreme Court order to repatriate Kilmar Abrego Garcia, whom the mistakenly and unlawfully deported to an El Salvadorian gulag. Now, Stephen Miller, the architect some of Donald Trump’s most vile, draconian policies, is using typical Republican circular logic and lies to float the suspension of habeas corpus, a foundational principle of liberty dating back to the Magna Carta.
Listen to his word salad justifications, here:
The erosion of rights always begins with gaslighting, escalates to blatant lawlessness, and culminates in tyranny.
Here’s what Miller said,
“Well, the Constitution is clear. And that, of course, is the supreme law of the land. That the privilege of the writ of habeas corpus can be suspended in a time of invasion. So I would say that's an option we're actively looking at. Look, a lot of it depends on whether the courts do the right thing or not. The end of the day.
Congress passed a body of law known as the Immigration Nationality Act, which stripped article three courts. That's the judicial branch of jurisdiction over immigration cases. So Congress actually passed this called jurisdiction stripping legislation. It passed a number of laws that say that the article three courts aren't even allowed to be involved in immigration cases. Many of you probably don't know this.
I'll give you a good example. Are you familiar with the term temporary protected status or TPS? Right. So by statute, the courts are stripped of jurisdiction from over-ruling a presidential determination or a secretarial determination on TPS when the Secretary of Homeland Security makes that determination. So when Secretary, no term for the illegals that Biden flew into the country when courts stepped in, they were violating explicit language that Congress enacted saying they have no jurisdiction.
So it's not just the courts aren't just at war with the executive branch. The courts are at war. These radical rogue judges with the legislative branch as well, too. So all of that will inform the choices the president ultimately makes”
Surprise! Stephen Miller is Lying
Miller’s claim that Congress “stripped Article III courts of jurisdiction over immigration cases” is a lie and he knows it.
A cursory fact check of Miller’s claims makes clear that the “Immigration and Nationality Act” limits – but does not eliminate judicial review. The Immigration and Nationality Act (INA) does state that the Secretary’s decision to designate or terminate TPS for a country “shall not be subject to judicial review”, BUT, Whether the agency followed proper procedures, whether constitutional rights (like equal protection) were violated, (especially if there is evidence of discrimination or unconstitutional motivations behind the decision) and whether the agency’s actions were “arbitrary and capricious” under the Administrative Procedure Act are the providence of judicial review.
In Ramos v. Wolf, while the Ninth Circuit upheld that direct challenges to the substance of TPS determinations are barred, they ruled that reviewing claims alleging constitutional violations or improper process are not. In fact, district courts have routinely barred TPS terminations when they found procedural violations or discrimination. If they weren’t, the Trump maladministration would not be whining—and lying.
There is no “debate” on the matter, regardless of whether the corporate media frame it as such (something they love to do when attempting not to draw the ire of America’s wannabe dictator).
Federal courts retain authority to hear Constitutional challenges.
The REAL ID Act of 2005 clarified that all constitutional claims and questions of law remain reviewable by federal courts.
All Board of Immigration Appeals (BIA) decisions are also subject to review by federal courts.
Nope. Congress DID NOT Pass “Jurisdiction Stripping Legislation”
Asserting “Congress actually passed this called jurisdiction stripping legislation” and “a number of laws that say that the article three courts aren't even allowed to be involved in immigration cases.” is a another complete lie.
Miller says, “many of you probably don't know this.” Well, that’s because it’s fiction.
Federal courts-including district courts and courts of appeals-routinely hear and decide a wide range of immigration cases. And, no. Congress has not enacted certain "jurisdiction-stripping" provisions.
So, when Pee-Wee German says “the courts aren't just at war with the executive branch”, he’s using that old, Republican fascist stand-by of, “I know you are, but what am I?” As usual, everything this regime says is either a confession or a projection. Traitor Trump’s regime is at war with the Constitution. At the moment at Republican-controlled legislative branch is a willing co-conspirator.
The Trump Regime is at War with the Constitution
The American Constitution is clear—the sole exception for suspending habeas corpus is in the face of rebellion or invasion. Period.
Facing neither, the Trump maladministration invented a “crisis” at the border to justify their authoritarian power grab. Miller then threw on some non-existent Congressional rulings for added effect to knock down the only co-equal branch of government even remotely standing in their way. We can rest assured the Faux News fascist propaganda machine will jump right in, rinsing and repeating these lies.
Mini Goebbels has a bachelor’s degree from Duke University. He is neither a legal scholar or even a lawyer. Though, watching him pantomime a legal expert as he “helpfully” offers to “educate the press” on the fabricated time Congress supposedly stripped federal courts of power is as comforting as watching the spider welcome the fly into the parlor—and should alarm every patriot.
These are the facts this master of mendacity obscures in word salad assault on basic human rights that are the very lynchpin of freedom and democracy.
Far from being rare, isolated incidents, the Republican assaults on the Constitution are continuous and reveal their utter contempt for the American experiment. Make no mistake, what we’re witnessing is ripped from the playbook of history’s darkest regimes—and we should be taking note, sounding the alarm and fighting back.
While we may not be able to prosecute the criminal Trump regime for its crimes against the Constitution while Democrats remain out of power, we should be unapologetically promising accountability before it’s too late.
Fabricated “Crises” to Real Tyranny
In 1215, English nobles forced King John to sign the Magna Carta at Runnymede, enshrining the principle that no ruler is above the law.
A central provision of this pact was the right to challenge unlawful detention—what would later become habeas corpus. For eight centuries, this doctrine has been a bulwark against tyranny. But despots throughout history have sought to dismantle it, always under the guise of “emergency.”
But history gives us clear warnings. Adolf Hitler used the Reichstag fire in 1933 as his excuse to suspend habeas corpus, passing the “Reichstag Fire Decree”, which enabled mass arrests of political opponents. After the 1971 Plaza Miranda bombing and again in 1972, Ferdinand Marcos suspended habeas corpus, and unleashed a reign of arbitrary detentions and human rights abuses. Destroy habeas corpus in times of peace, and full-on fascist tyranny will follow.
Republicans Have Whittled Away Congress is the Founders’ Nightmare Realized
James Madison warned that “ambition must be made to counteract ambition.” But today’s Republican-led Congress has surrendered its constitutional duty to act as a check on the executive. Instead, they’re a facilitator of Trump’s lies and a rubber-stamp on his power grabs.
Don’t let their pocket Constitutions fool you. Republicans only take them out and wave them around when trying to justify stripping Americans of their health care. Their abdication to lawlessness is not new.
After the 9/11 attacks, Republicans like John Yoo argued that reading Miranda rights to terrorists was “weakness” when it is the exact opposite—a sign of a nation’s strength. This was an early slip on the slope of priming the American people for accepting life under a conditional Constitution.
Now, they’ve gone further: Senator Tom Cotton recently claimed federal courts have “no role” in immigration enforcement—a direct repudiation of Marbury v. Madison. The GOP treats the Constitution as a “suggestion”, not the supreme law of the land.
As those fake “strict Constitutionalist” Republicans claim that Abrego Garcia shouldn’t receive due process because of the fabricated-membership in a gang Republicans made up, it’s up to us to remind people that whether he is or is not doesn’t matter. The Constitution applies to all of us—rich or poor, bad or good. In that way we assure freedom for all—not just people the convicted felon Republican Dim Leader approves of.
Instead, the administration—and its congressional allies—show complete contempt for the Constitution. Take cosplaying Secretary of Homeland Security Kristi Noem’s disgraceful display before Congress and her own own word-salad justifications for tearing up the Constitution. The underlying message of these democracy-loathing wannabe dictators is that the rule of law is irritating to them and therefore should be selectively applied—especially against political opponents, the poor and/or politically unconnected.
As Peru’s dictator General Óscar Benavides put it, “for my friends, everything; for my enemies, the law.”
Check out some highlights from the cos-playing Secretary’s repugnant Congressional appearance on May 8, 2025:
Beware Mini-Goebbels’ Gaslighting
Miller’s disingenuous assault on the Constitution is as deliberate as it is deplorable.
By falsely claiming Congress “stripped jurisdiction” from courts, he cultivates public confusion and preys on it to legitimize authoritarianism.
When critics note that habeas corpus cannot be suspended without congressional approval, he goes around in circles, asserting: “the Constitution is clear” as if his next sentence is not in direct contradiction to his first. This is how fascism works—twist language, invert truths, talk in circles and erode reality itself.
Prosecution Isn’t Optional—It’s a Duty
History shows that failing to punish constitutional crimes invites repetition. After Nixon, Gerald Ford’s pardon set a precedent of impunity that Trump now exploits. Contrast this with Germany’s post-Nazi reckoning or Chile’s prosecution of Pinochet-era torturers. Without accountability, democracy remains a charade.
Building the Case: Document Everything
While Trump’s Justice Department acts as his personal lawfare attack firm, Democrats must:
Catalog every instance of constitutional defiance
Publicize GOP complicity
Prepare legislation to restore checks post-2024.
To those who say, “what can Democrats do? We have no power”, remember: America’s founders entrusted us to defend their vision—not through patience, but through eternal—and relentless—vigilance.
The Trump regime isn’t testing the Constitution’s limits. It’s shredding them, confident that history’s “good men” will do nothing when a traitor who already tried to steal an election he lost cries “witch hunt”.
But democracy’s survival depends on loud, unyielding defiance—in courts, in Congress, and in the streets. The time for planning prosecutions against every lawless actor is now. In fact, it’s a patriotic imperative.
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