With the Trump administration making space in the press briefing room for right-wing podcasters and other conservative "new media" content creators, viewers of briefings since President Donald Trump took office have seen his press secretary field questions about the Ukrainian president's clothing during an Oval Office meeting, compliments about Trump's "fitness plan," and attacks on reporters who have long reported from the White House.
On Monday, the first question of the briefing was derided by one Democratic politician as "absolute insanity," as right-wing commentator and influencer Rogan O'Handley—also known by the handle "DC Draino"—was given the floor to ask whether Trump will suspend the writ of habeas corpus in order to circumvent several judges' rulings and "start shipping out" undocumented immigrants without due process.
"Can you please let us know if and when the Trump administration is planning to suspend the writ of habeas corpus to circumvent these radical judges?" asked O'Handley after accusing federal judges of "thwarting [Trump's] agenda with an unprecedented number of national injunctions."
O'Handley shared some familiar right-wing talking points—saying federal judges have provided "more due process to violent MS-13 and Tren de Aragua illegal aliens than they did for U.S. citizens who peacefully protested on January 6"—as he suggested the administration should abandon the legal principle under which people who are detained are permitted to challenge their imprisonment in court.
"You have got to be kidding me," wrote Sara McGee, a Democrat running for the Texas House of Representatives.
His question came amid escalating attacks by Republicans and the administration on judges who have ruled against the White House. A Republican congressman said last month that Chief Judge James Boasberg of the U.S. District Court in Washington, D.C. should be impeached for issuing an order against Trump's invocation of the Alien Enemies Act to expel hundreds of undocumented immigrants to El Salvador. Last week, the FBI arrested Milwaukee County Circuit Judge Hannah Dugan for allegedly helping a migrant evade arrest by escorting him out of her courtroom.
Aaron Reichlin-Melnick, a senior fellow with the American Immigration Council, noted that O'Handley and press secretary Karoline Leavitt also repeatedly cited at least one statistic that was "completely made up"—that the Biden administration allowed 15 million undocumented immigrants into the United States—as they suggested Trump should take legal steps to force all of them out of the country without the input of the judicial system.
The undocumented population in the U.S. in 2023 was 11.7 million, according to the Center for Migration Studies, down from the peak of 12 million, which was reached in 2008.
"They've been pushing this on the right for about a week now," said Reichlin-Melnick of the push to suspend habeas corpus for undocumented immigrants. "Anyone advocating for suspending the writ of habeas corpus because they don't like due process is spitting on the legacy of those who fought and died for this country and our Constitution."
Leavitt responded to O'Handley's question by saying while she has "not heard such discussions take place... the president and the entire administration are certainly open to all legal and constitutional remedies" to continue expelling people from the United States.
Several cases of undocumented immigrants who have been sent to El Salvador's notorious Terrorism Confinement Center have made national headlines in recent weeks, including that of Maryland resident Kilmar Abrego Garcia; Merwil Gutiérrez, a 19-year-old who federal agents acknowledged was not who they were looking for during a raid; and Andry Hernandez Romero, a makeup artist who was accused of being a gang member solely because he had tattoos.
O'Handley's suggestion that the bedrock legal principle be suspended for undocumented immigrants—hundreds of whom have already been forced out of the country without due process—came ahead of Trump's scheduled signing of two new immigration-related executive orders.
One would direct the departments of Justice and Homeland Security to publish a list of sanctuary cities and states—those where local law enforcement are directed not to cooperate with Immigration and Customs Enforcement as it seeks to arrest undocumented immigrants.
The other, Leavitt said, would "unleash America's law enforcement to pursue criminals." The New York Postreported that the order would be related to providing local police agencies with military equipment and legal support for officers accused of wrongdoing.
