Disappearance of a Vital Constitutional Clause: Controversy Over Habeas Corpus in the Trump Era

In an incident that raised widespread questions, a vital clause of the U.S. Constitution disappeared from the official website of the Library of Congress, which guarantees citizens their right to challenge the legality of their detention and compels the government to justify the reasons for any imprisonment. This controversial deletion coincided with statements and attempts from within President Trump's administration aimed at undermining this fundamental constitutional right.

Stephen Miller, former White House Deputy Chief of Staff, explicitly indicated the possibility of suspending "habeas corpus" to support Trump's efforts to arrest and deport immigrants, considering this option to be "seriously considered in times of invasion." In the same vein, Homeland Security Secretary, Kirstjen Nielsen, attempted to provide a misleading interpretation by claiming that habeas corpus is "a constitutional right that the President possesses to deport people from this country," which completely contradicts the purpose of this right. When Trump was previously asked about due process and whether he was obligated as president to protect the Constitution, he replied: "I don't know."

Clause 9 of Article I of the U.S. Constitution – which states, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it" – disappeared from the "Annotated Constitution" page managed by the Library of Congress.

Details of the Disappearance and Initial Responses

The morning after the incident, informed sources reported that officials in the Trump administration informed staff that the deletion was merely a "technical glitch." Accordingly, staff worked quickly to fix the glitch, investigate its causes, and review the rest of the site to ensure no other unjustified deletions.

These explanations raised doubts among some federal employees, especially given the simultaneous nature of the deletion of parts of the Constitution that the second Trump administration is openly trying to undermine. In a sarcastic comment to Rolling Stone, a federal employee described the situation as a "funny coincidence."

For its part, the Library of Congress posted a tweet on platform X this morning, clarifying that the deletion resulted from a "software error," stating: "It has come to our attention that some sections of Article I are missing from the Annotated Constitution website. We have learned this is due to a software error. We are working to correct this and anticipate it will be resolved soon." The website also added a notice to visitors: "The Annotated Constitution website is currently experiencing data issues. We are working to resolve this problem and apologize for the inconvenience."

Clause Restoration and Broader Implications

By the afternoon, the deleted sections of the Constitution were restored to the webpage. The Library of Congress confirmed in an email to Rolling Stone: "Due to a technical error, some sections of Article I were temporarily missing from the Annotated Constitution website. This issue has been corrected, and the missing sections have been restored."

It is important to emphasize that merely deleting parts of the U.S. Constitution from a website – by an institution not considered the official custodian of the Constitution – changes nothing in American law. However, regardless of what the document says, the President and his senior officials have revealed their intention to violate the Constitution as much as they can. This incident raises deeper questions about how AI distorts reality or may contribute to the spread of misinformation.

Trump's Attempts to Control the Library of Congress

These developments come as Trump seeks to exert control over the Library of Congress, which is technically part of the legislative branch, serving as a research arm for Congress, in addition to holding the world's largest collection of books, manuscripts, maps, photographs, and recordings.

Last May, Trump announced the dismissal of Carla Hayden, the Librarian of Congress, before the completion of her 10-year term, and proceeded to appoint former Deputy Attorney General Todd Blanche, who previously served as Trump's personal lawyer, to replace her. After a judge denied an injunction to prevent Hayden's termination, she filed an appeal last week with the U.S. Court of Appeals for the D.C. Circuit.