President Donald Trump (79) appeared visibly confused during a recent White House press roundtable on the “Antifa” movement. A conservative journalist asked if he had considered “suspending habeas corpus” to deal with “insurrectionists” and deport illegal immigrants. The 79-year-old president, seemingly unfamiliar with the legal term, famously replied, “Suspending who?” – as if he thought habeas corpus were a person’s name. His flustered response immediately became a viral moment, highlighting a baffling lack of knowledge about a fundamental constitutional right.
The awkward exchange continued when Trump turned to his Cabinet for help. He asked Homeland Security Secretary Kristi Noem, “I’d rather leave that to Kristi. What do you think?” Noem, seated beside him, quickly admitted she had no input: “No, sir. I haven’t been part of any discussions on that,” she replied. Both Trump and Noem then swiftly moved on to the next question, but the moment underscored that neither had a grasp of the issue at hand.
What Is Habeas Corpus?
“Habeas corpus” is an ancient legal term (Latin for “that you have the body”) that refers to a person’s right to challenge unlawful detention. It is a cornerstone of U.S. constitutional law: Article I, Section 9 of the Constitution guarantees that anyone in government custody can petition a court to review the lawfulness of their imprisonment. In practice, this writ of habeas corpus means any person – including citizens, lawful residents, and even undocumented immigrants – can demand a judicial hearing if they believe they are being held illegally. Crucially, the Constitution also says habeas corpus can be suspended only “in cases of rebellion or invasion” when public safety requires it. Even then, only Congress (not the president alone) has the authority to suspend it. In short, revoking habeas corpus is an extreme, highly constrained measure. Trump’s stunned reaction to the question – and apparent ignorance of this basic principle – was therefore striking.
Key Takeaways
- The Gaffe: At the October 8, 2025 White House Antifa roundtable, a reporter asked Trump if he would “suspend habeas corpus to deal with these insurrectionists… and deport illegal aliens.” Trump’s confused reply was simply, “Suspending who?”
- Trump’s Response: After his initial confusion, Trump deferred to DHS Secretary Kristi Noem, asking, “What do you think?” Noem candidly said she had no knowledge of any such plan: “No, sir. I haven’t been part of any discussions on that.” The exchange highlighted how both the President and his aide were caught off-guard by the constitutional question.
- Habeas Corpus Basics: By law, habeas corpus literally means “you have the body” and is a fundamental right allowing a detained person to challenge their imprisonment. It applies to everyone in the U.S. and can only be suspended by Congress—and then only during an actual rebellion or invasion. This restriction makes Trump’s idea of suspending it a drastic measure far beyond normal executive power.
- Noem’s Past Blunder: Ironically, Noem herself had earlier flubbed this term. In May 2025, at a Senate hearing, she incorrectly defined habeas corpus as “a constitutional right that the president has to be able to remove people from this country.” Her answer was quickly rebuked by Sen. Maggie Hassan (“That’s incorrect”), underscoring that even high-level officials were confused about the concept.
- Viral Mockery: The clip of Trump’s “Suspending who?” moment went viral online. Critics and comedians seized on the presidential stumble – California Gov. Gavin Newsom quipped “Comforting” on social media along with the footage, and commentators joked that Trump seemed to think habeas corpus was a person. The episode became a flashpoint for debates about the President’s legal literacy.
Political Fallout
The incident came amid the administration’s aggressive campaign against Antifa. During the same roundtable, Trump announced he would classify Antifa as a foreign terrorist organization, building on his previous order labeling it a domestic terror group. Attorney General Pam Bondi echoed the tough line, vowing to dismantle Antifa “brick by brick.” Critics noted the irony that Trump and his allies portrayed Antifa as a highly organized threat, even as independent experts insist Antifa is a decentralized movement with no single hierarchy. In other words, while the administration talked of shutting down an amorphous left-wing network, the president himself was publicly tripped up by a core constitutional term.
The episode will likely reverberate politically. Observers pointed out that a president who touts “law and order” was unaware of a fundamental civil liberty that protects all accused persons. It raised questions about executive overreach and the administration’s understanding of due process. As the story spread, even some Republican figures privately expressed concern over the President’s legal grasp. In the end, what was intended as a discussion of domestic security turned into a lesson in constitutional law – one that Trump and his team conspicuously missed.