Habeas, Hold the Corpus, and Pass the To Do List

Christine Merser, May 21, 2025

Kristi Noem was on the Hill the other day, and when asked to define habeas corpus, she said it was the president’s right to deport people. She really had no idea what it is.

Habeas corpus, Latin for “you shall have the body,” is one of the oldest protections in democracy. It gives every person the right to appear before a judge and challenge being imprisoned without cause. That’s it. Apparently too complicated for Kristi.

Now, I had to ask Celeste to help me understand what “you shall have the body” actually means in this context, because the phrase sounds more like a Game of Thrones threat to me than a legal principle. And, when I don’t know something, unlike Kristi, I like to ask. Turns out, it’s the judge saying to the jailer, “Bring me the prisoner, alive and in person, so I can see whether this detention is legal.” It’s about forcing the state to prove it has the right to hold someone. The body must be produced. No vanishing people into prison cells with no explanation. It’s the cornerstone of a functioning justice system. Maybe Kristi Noem should’ve phoned a friend, too.

I’ve said it before, she is one of the more heinous appointees Trump made. She has no soul. I need nothing more than the story of her taking her dog out and shooting it because she didn’t like it. That tells me everything I need to know.

Over the weekend, I watched the final episode of the Netflix series, American Manhunt: Osama Bin Ladin, about the bin Laden raid. Just the last episode. It walks through years of intelligence gathering, strategy, and debate about whether to go or no go, and then through the raid. The planning. The cabinet work. The calm, thoughtful hand of Obama steering it all. The whole thing reminded me what it used to feel like to be in competent hands. The people involved were serious. Measured. Patriotic. And above all, honorable. Watching it I started to cry. It reminded me what it felt like to feel safe in my country.

And, I couldn’t help but think of people like Kristi and Kennedy, and Musk. Undisciplined fools. And the MAGA people who put them there. Same. It has to be said. Uninformed fools.

I mentioned yesterday that for the last 30 years, we the people got a free pass on civic responsibility. This is why. The important parts of the system used to work. It worked because people with expertise, discipline, and a sense of service held it up. It worked, until we sold it off. To corporate greed. To billionaires who had no interest in anything but their own power.

But those honorable people haven’t disappeared. They’re still here. Many of them are still doing the work. And there are millions more, citizens who care. This country is not some relic of the past. It is still worth fighting for.

The people currently in high places? Yes, they are dangerous. I am not stupid. I do not have my head in the sand. But they’re also fools. They are ignorant. They have no desire to learn. They have no reverence for the history or meaning of the offices they hold. They just want to impress the man watching the news clips so they can grab a little more power and increase their personal treasure. Sure, there are exceptions, Project 2025 is a serious threat, but most of these people are loud, lazy, and shallow. They are no match for those of us who are paying attention.

But I have to be smarter. All of us do.

Stop reading about airplanes and Biden’s cancer. Diversionary explosions. It is exactly what they want. Start thinking about what you can do to slow their roll. The media got us into this mess. Stop watching cable news. Yes, there are exceptions (Rachel Maddow is still doing God’s work), but mostly it’s infotainment. You need to curate your own news. Substack. Substack. Substack. Read three pieces in the morning. Seven at night. And vary your sources.

Second, use your money like it matters, because it does. Even if you don’t have a lot. Make it a sin to have an Amazon Prime box on your front porch. Seriously, start hissing at it like a vampire exposed to sunlight. Buy local. Research who owns the companies you support. If you’re funding a Trump donor or a gun manufacturer, you’re working against your own kids’ future.

And McDonald’s? Starbucks? I get it. I do. But your body, and your democracy, are both screaming, “This is not your friend.” National chains? No way? Costco? Nope. Local. Local. Local. Back to local. And, when possible, pay in cash. Have you asked yourself why your local store should pay a bank who is making billions a year should get paid 6% of your purchase in the little store’s profits every time you walk into said store? Your local neighbor, who is barely making ends meet, and is now paying tariffs companies like Apple is exempt from paying, says nothing? Seriously? Why did we allow this? Lambs to the slaughter people! And, if you own a store, put up a sign reminding me to carry cash.

Third, get active in your community. Build your team of five. Learn what laws are being passed at the local and state level, because that’s where they’re gaining ground, and show up. Rachel Maddow says local is how we win. And she’s got receipts.

Our behavior got us here. Change our behavior and they lose.

We can do this. One step at a time. One bill, one conversation, one vote at a time.

But more than anything? Hold onto joy. Surround yourself with people who’ve chosen decency. Choose humor. Choose grace. Choose the side that believes in building, not burning.

Take a walk outside in the woods. If you don’t have woods, find a park. Watch a positive film. Read a book.