When writing about Kristi Noem, I try my hardest not to be mean. I really do. But almost every day, she acts or says something that makes me question her intelligence. Whenever I want to find some good in her, a dog killing story makes headlines. Or I think, there has to be a decent person in there somewhere. Unfortunately, the next thing I see is her standing in front of a jail cell in an El Salvadoran prison while wearing a $50,000 Rolex watch.
Part of my problem with her stems from my overwhelming belief that she is utterly unqualified for the position she holds. It wasn’t like she was in charge of security for the South Dakota Strategic Air Command (SAC) base or settling major border disputes with Minnesota. Ms. Noem has her current job title due to the fact that she completely botched her chance to be chosen as Trump’s running mate. Her position as Secretary of the Department of Homeland Security is her consolation prize.
Noem is Off to a Bumpy Start
Noem’s first four months in office have not been examples of skilled statecraft. In March, there was her confusing, classless trip to the Terrorism Confinement Center, Cecot Prison in EL Salvador. In her tour of the facility, she stopped for a photo op in front of a crowded cell full of prisoners. She wore her Immigration and Customs Enforcement (ICE) baseball cap and on her wrist was a Rolex Comosgraph Daytone watch worth $50,000. The watch was a gift to herself from some of the proceeds from her book sales. The bourgeoise moment was not lost on journalists covering the event.
Then in April, Noem had an embarrassing, possibly security-breaching moment while eating dinner at the Capital Burger restaurant in Washington D.C. At a family dinner, a man in a medical mask approached her table and stole her bag containing her driver’s license, medication, apartment keys, passport, DHS access badge, makeup bag, blank checks, and about $3,000 in cash. Obviously, an embarrassing moment for Secretary Noem and her Secret Service detail. The Service is conducting an ongoing investigation to trace the usage of any of her financial documents.
The Meaning of Habeas Corpus
And yesterday, there was the constitutional crisis she endured while testifying in front of the Senate Homeland Security committee. Sen. Maggie Hassan asked Noem for the definition of the legal concept of habeas corpus. To this, Noem replied.
“Habeas Corpus is a constitutional right that the president has to be able to remove people from this country and suspend their rights.”
Hassan, an attorney, immediately interrupted Ms. Noem and said.
“That’s incorrect. The legal principle of habeas corpus requires that the government provide a public reason for detaining and imprisoning people. This foundational right separates free societies like America from police states like North Korea.”
Hassan further questioned Noem and asked her if she supported the provision. Noem said she did, saying “the president of the United States has the authority under the Constitution to decide if it should be suspended or not.”
Hassan corrected her again by responding that even President Abraham Lincoln had obtained “retroactive approval” from Congress. She further questioned Noem, asking her if she would follow a court order overturning a theoretical suspension of habeas corpus or if she would follow Trump’s orders.
Noem replied she was “following all court orders … as is the president,” prompting Hassan to say, “that is obviously not true for anybody who reads the news.”
A Baffled Noem
Does Secretary Noem not understand the definition of habeas corpus, or was this an act to appease the president? Either way, there is much consternation about the Trump administration’s intentions regarding their potential use of this law. White House deputy chief of staff Stephen Miller has already raised this possibility. Once again, the constitution is under siege from the president and his supporters.
