Sen. John Barrasso (R-WY) declined to rule out voting to suspend habeas corpus if it helps President Donald Trump deport undocumented people.
In a Sunday interview with the senator, NBC host Kristen Welker pointed out that White House aide Stephen Miller had recently floated the idea of suspending the right to challenge detentions in court.
“The Constitution says that habeas corpus may not be suspended, quote, unless in cases of rebellion or invasion, would you vote to suspend habeas corpus since the power does ultimately lie with Congress?” Welker asked the Wyoming Republican.
“The president has said he will follow the law,” Barrasso deflected. “The president says if he disagrees with the law, that he will appeal those things.”
“And the president has now seen judges, district judges, radical district judges, using their courts to set national standards on making it harder for the president to deport individuals, criminals, and I stand with the president,” he continued.
Welker pressed: “And yet, Senator, just to put a fine point on this, I want to know what you would do. Would you vote to suspend habeas corpus if this were brought before Congress? Ultimately, this power lies with Congress.”
“The president said he is going to follow the law,” Barrasso replied. “He was on with you last week. He said he has great respect for the Supreme Court. He said he expects the attorney general to do the right thing. And I expect that the president will.”
“Can you just give me a yes or no?” Welker asked.
“I don’t believe that this is going to come to Congress,” Barrasso stated. “What I believe is [that] the president is going to follow the law. He has said it repeatedly.”