The Original Meaning of "Invasion" and Suspension of Habeas Corpus

On Friday, May 9, senior White House official Stephen Miller said: "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 at a time of invasion. So I would say that’s an action we’re actively looking at." CNN later reported that President Donald Trump has been personally involved in discussions in the administration over potentially suspending habeas.In this episode of the podcast, Ryan Goodman discusses the constitutional law on suspension of habeas, the context of Rümeysa Öztürk's release on a habeas petition on Friday shortly before Miller's remarks, and how the courts may respond.Show notes:1. Amy Coney Barrett, Suspension and Delegation, 99 Cornell Law Review 251 (2014) 2. Case of Rümeysa Öztürk Link to case summary and key court documents: https://www.justsecurity.org/107087/tracker-litigation-legal-challenges-trump-administration/?js_filter=003743. Ryan Goodman and Dani Schulkin, A Pyrrhic Victory: Initial Supreme Court Gain for Trump on Alien Enemies Act May End in Administration’s Loss, Just Security, May 9, 20254. Ilya Somin, What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications, Just Security, January 28, 20255. Ryan Goodman, The Actual Threat: Attacks on Habeas and Citizenship Rights, YouTube

An audio of Ilya Somin's Just Security article, which has become more topical by the day. The title: "What Just Happened: The Invasion Executive Order and Its Dangerous Implications." Somin is a Professor at the Antonin Scalia Law School at George Mason University, the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute, and author of Free to Move: Foot Voting, Migration and Political Freedom (Oxford University Press).

May 3rd marks World Press Freedom Day. This year especially, press freedom is under threat in the United States from a range of directions: from hostile official rhetoric and actions to self-censorship and systemic appeasement, to just basic information overload. As the Trump administration continues to “flood the zone,” how can we assess individual developments to discern broader trends that might help us better understand what’s happening, its impact and what we can do about it?  Just Security Executive Editor and Professor of Law at American University, Rebecca Hamilton, joins Just Security Washington Senior Editor, Viola Gienger, to discuss how to grapple with the onslaught of news developments in the field of press freedom and discern broader trends. Show Notes:  Rebecca Hamilton’s “The Trump Administration’s Use of State Power: Keeping Track of the Big Picture” (May 2, 2025) Rebecca Hamilton’s “Connecting the Dots: Trump’s Tightening Grip on Press Freedom” (Feb. 6, 2025)   Just Security’s Coverage of Trump Administration Executive Actions Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

In early April 2025, the White House Office of Management and Budget (OMB) released two major policies on Federal Agency Use of AI and Federal Procurement of AI - OMB memos M-25-21 and M-25-22, respectively. These memos were revised at the direction of President Trump’s January 2025 executive order, “Removing Barriers to American Leadership in Artificial Intelligence” and replaced the Biden-era guidance. Under the direction of the same executive order, the Department of Energy (DOE) also put out a request for information on AI infrastructure on DOE lands, following the announcement of the $500 billion Stargate project that aims to rapidly build new data centers and AI infrastructure throughout the United States. As the Trump administration is poised to unveil its AI Action Plan in the near future, the broader contours of its strategy for AI adoption and acceleration already seem to be falling into place.Is a distinct Trump strategy for AI beginning to emerge—and what will that mean for the United States and the rest of the world?  Show Notes:Joshua GeltzerBrianna Rosen  Just Security series, Tech Policy Under Trump 2.0Clara Apt and Brianna Rosen's article "Shaping the AI Action Plan: Responses to the White House's Request for Information" (Mar. 18, 2025)Justin Hendrix's article "What Just Happened: Trump's Announcement of the Stargate AI Infrastructure Project" (Jan. 22, 2025)Sam Winter-Levy's article "The Future of the AI Diffusion Framework" (Jan. 21, 2025)Clara Apt and Brianna Rosen's article, "Unpacking the Biden Administration's Executive Order on AI Infrastructure" (Jan. 16, 2025)Just Security's Artificial Intelligence Archive Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI

The North African country of Sudan marks two years of war this week. The fighting between rival military factions – the Sudanese army and the paramilitary Rapid Support Forces – has killed an estimated 150,000 people and forced more than 15 million people from their homes. Almost 25 million people face acute hunger, according to United Nations agencies. It’s the world’s worst humanitarian crisis. How did Sudan get to this point? What’s the current state of play in Sudan, and where does the country -- and the international community trying to support it -- go from here? Joining the show to answer some of these crucial questions two years into the war in Sudan is Quscondy Abdulshafi. He is a Senior Regional Advisor at Freedom House and has more than a decade of experience working on governance, democracy, and human rights in Africa and the United States.  Show Notes:Quscondy Abdulshafi's article for Just Security, "Two Years of War in Sudan: From Revolution to Ruin and the Fight to Rise Again"Just Security Podcast episode “Assessing the Origins, Dynamics, and Future of Conflict in Sudan” with Executive Editor Matiangai Sirleaf, and three experts, Laura Nyantung Beny, Nisrin Elamin, Hamid Khalafallah, on Oct. 11, 2024.  Just Security Sudan ArchiveMusic: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

2025 will be a pivotal year for technology regulation in the United States and around the world. The European Union has begun regulating social media platforms with its Digital Services Act. In the United States, regulatory proposals at the federal level will likely include renewed efforts to repeal or reform Section 230 of the Communications Decency Act. Meanwhile, States such as Florida and Texas have tried to restrict content moderation by major platforms, but have been met with challenges to the laws' constitutionality.  On March 19, NYU Law hosted a Forum on whether it is lawful, feasible, and desirable for government actors to regulate social media platforms to reduce harmful effects on U.S. democracy and society with expert guests Daphne Keller, Director of the Program on Platform Regulation at Stanford Law School’s Cyber Policy Center, and Michael Posner, Director of the Center for Business and Human Rights at NYU Stern School of Business. Tess Bridgeman and Ryan Goodman, co-editors-in-chief of Just Security, moderated the event, which was co-hosted by Just Security, the NYU Stern Center for Business and Human Rights and Tech Policy Press. Show Notes: Tess Bridgeman Ryan GoodmanDaphne Keller Michael PosnerJust Security’s coverage on Social Media PlatformsJust Security’s coverage on Section 230Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Presidents have long pursued policy prerogatives through the Department of Justice, but traditionally, there’s been a clear division between those and the Justice Department’s enforcement decisions. On March 5, 2025, the NYU Law Forum and the Reiss Center on Law and Security at NYU School of Law co-hosted an all-star panel of experts who have served in senior positions at the White House and in the Department of Justice to assess the degree to which the division between the President and the Justice Department has now changed. Among the topics they discussed are: What is the origin of and reason for the Justice Department’s measure of independence? How has this independence worked given the Justice Department’s mix of political and career employees, and how is the current administration observing those lines?  The expert panel consisted of Vanita Gupta, a Distinguished Scholar in Residence at NYU School of Law and the former Associate Attorney General of the United States; Lisa Monaco, a Distinguished Scholar in Residence at the Reiss Center on Law and Security and the former Deputy Attorney General of the United States; and Breon Peace, the former United States Attorney for the Eastern District of New York.  Trevor Morrison, a former Associate White House Counsel, the Dean Emeritus, Eric M. and Laurie B. Roth Professor of Law, and a Faculty Co-Director of the Reiss Center on Law and Security, moderated the discussion.  Show Notes: Vanita GuptaLisa MonacoTrevor Morrison (Bluesky)Breon PeaceJust Security’s coverage of the Department of JusticeJust Security’s coverage of the Trump administration’s executive actions Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

Alongside the new Trump administration, a new Congress has also taken power in Washington, D.C. The 119th Congress brings unified Republican control of both chambers with key votes – such as confirming many of President Trump’s cabinet nominees – complete, another focus will be on congressional investigations and oversight. What might the oversight landscape look like? What investigative priorities will take center stage? And what role will key actors, both inside and outside of Congress, play in shaping policy and accountability over the next year?Joining the show to discuss what we can expect when it comes to congressional investigations is Ronak D. Desai. Ronak is the firmwide leader of the Congressional Investigations Practice at Paul Hastings LLP, where he advises clients facing high-stakes oversight inquiries and regulatory scrutiny. Ronak previously served on Capitol Hill in multiple roles, including most recently on a prominent select committee with members, including Adam Schiff, Adam Smith, Jim Jordan, and Mike Pompeo. In private practice, Ronak has handled a number of high-profile congressional investigations on behalf of clients on Capitol Hill both behind closed doors and publicly in the glare of the media spotlight. Show Notes:  Ronak D. Desai (LinkedIn – X) Paras Shah (LinkedIn – X)Just Security’s coverage of CongressJust Security’s coverage of the Trump administration’s executive actions Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

In just his first six weeks in office, President Donald Trump has issued more than 80 executive orders and other actions, many of them targeting the federal workforce and the structure of the federal government. Just Security’s Co-Editor-in-Chief, Ryan Goodman, recently published a timeline of actions that highlight the alarming level of politicization and weaponization of the Department of Justice under the second Trump administration. Politicization includes the misuse of the Department’s powers for political purposes rather than the independent and impartial enforcement of the laws. Weaponization includes a deliberate and systematic misuse of the Department’s powers for political or personal purposes and in defiance of the rule of law. Goodman discussed the timeline with Just Security Senior Fellow Tom Joscelyn and Mary McCord, Executive Director of the Institute for Constitutional Advocacy and Protection (ICAP), Visiting Professor of Law at Georgetown University Law Center, and former Acting Assistant Attorney General for National Security at the Justice Department. Show Notes: Ryan Goodman (Bluesky – LinkedIn)Tom Joscelyn (Bluesky – X) Mary B. McCordRyan’s Just Security article (with Audrey Balliette) “Timeline: Politicization and Weaponization of Justice Department in Second Trump Administration”Just Security’s coverage of the Trump administration’s executive actions Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

In his second term in office, President Donald Trump has already taken sweeping measures on immigration, the environment, the U.S. military, and the structure of the federal government.With so many executive orders, policy changes, and novel actions, it’s easy to wonder, “What just happened?” In this podcast mini-series we help to answer exactly that question. On each episode of “What Just Happened,” we’ll talk with leading experts, from former government officials to professors – the people who understand how government works from the inside and have studied the issues for years. They will explain the legal background and implications of how the Trump administration’s actions affect how the U.S. government operates in Washington, across the country, and around the world. This is not a political podcast. We are explaining the meaning and consequences of policy changes that may not be immediately apparent. Any opinions expressed are those of the speaker.Today, we are looking at a relatively narrow example of the Trump administration’s broad policies of eliminating federal jobs and eliminating what it considers to be DEI efforts from federal agencies. Specifically, we will talk about a small number of seasoned intelligence officers who were fired because one of their duties involved agency DEI efforts. They have sought an injunction against their termination in federal court in the Eastern District of Virginia. After a brief administrative stay, a federal judge denied their application for a temporary restraining order while the case proceeds.  Our guest today is the fired officers’ attorney, Kevin Carroll. Kevin is a partner at the Fluet law firm in Northern Virginia. Kevin is a retired Army Colonel and a former CIA case officer. He also served as a senior counsel to Republican congressman Peter King of New York and a political appointee in the first Trump administration, and later as a surrogate for the 2024 Kamala Harris campaign. Show Notes: David Aaron (LinkedIn – X – Bluesky)Kevin Carroll (LinkedIn)Paras Shah (LinkedIn – X)Just Security’s coverage of the Trump administration’s executive actions Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)