Habeas Corpus Is on Death Row

Stephen Miller plans to kill habeas corpus; giving Trump the power to jail critics, to jail anyone, indefinitely. They did it to me; you’re next.

Guest article by Michael Cohen

If you're not scared, you're not paying attention.

Habeas corpus—Latin for “you shall have the body”—isn’t some dusty legal relic or elite lawyer-speak. It’s the last line of defense between your freedom and the cold steel bars of a prison cell. It’s what stops a tyrannical government from tossing you in a cage and losing the key because they didn’t like your tweet, your protest sign, or your reporting. Every year, tens of thousands of habeas petitions are filed across the country. Most go nowhere; fewer than 5% succeed. But when they do, it's because the government's actions were so blatantly illegal, so egregiously unconstitutional, that even our sluggish judicial system had to cry foul.

I should know. I lived it.

Flashback to July of 2020, under the first Trump administration, I was released from prison on furlough due to the COVID pandemic. Like many others, I was serving out my sentence under home confinement, writing my first book Disloyal and preparing to tell the American people the truth about Donald J. Trump, the man I had once foolishly pledged my loyalty to. The response from Trump’s cronies was swift and petty. The Bureau of Prisons, acting like a personal enforcement squad for the President, yanked me back into custody after I questioned and refused to sign a counterfeit FLMA (Federal Location Monitoring Agreement) that would’ve prevented me from publishing my book or speaking publicly.

I wasn’t sent back for violating any law. I was sent back because I was a problem. A threat. I had the audacity to speak.

Thankfully, I had one hell of an attorney—Danya Perry—who filed an emergency habeas corpus petition with surgical speed. And let’s not forget the chorus of brilliant constitutional lawyers and civil rights advocates who filed amicus briefs, because what happened to me was so nakedly unconstitutional it practically screamed from the walls of the courtroom. Despite that, I was still left to rot in solitary confinement for another sixteen long, soul-crushing days after having just finished a stint of 35 days of solitary. That’s 51—yes, 51—days in total of solitary confinement. Fifty-one days of hell. All for writing a book.

And then came the ruling. U.S. District Judge Alvin K. Hellerstein saw right through their authoritarian bullshit and didn’t mince words:

“The Court finds that Respondents’ purpose in transferring Cohen from release on furlough and home confinement back to custody was retaliatory in response to Cohen desiring to exercise his First Amendment rights to publish a book critical of the President and to discuss the book on social media.”

Boom. Mic drop.

It was a small but powerful victory for the Constitution. A reminder that even in the darkest hour, habeas corpus still mattered.

Which is exactly why Stephen Miller, White House Deputy Chief of Staff, is frothing at the mouth to get rid of it.

You heard that right. Miller—the architect of the Muslim ban, the family separation policy, and the type of cruel, dystopian governance that would make Orwell sweat—recently suggested eliminating habeas corpus protections altogether. Not just for immigrants, but for all Americans. Because, in his words, it gives “too much power to activist judges” and stands in the way of “executive authority.”

Translation: it’s harder to illegally detain you when you have rights.

Under President Trump’s second term, Miller isn’t some fringe ideologue writing blog posts from his mother’s basement. He’s back inside the West Wing, pulling strings, whispering in the ear of a man with zero respect for democracy and even less for the Constitution. They want the unchecked power to lock you up, no questions asked. And if you think that can’t happen to you—newsflash: that’s exactly what I thought, too.

So let’s paint the picture Miller’s putting together for us:

A government that can label you a “threat,” imprison you without charge, and deny you the right to see a judge. No hearings. No phone call. No due process. Just vanish you. Habeas corpus is the speed bump slowing down their fascist joyride, and Miller wants to bulldoze it.

We’re not speculating anymore. The playbook is right in front of us. Hell, I was a test run—the litmus test.

They went after me because I knew too much. Because I spoke too loudly. Because I refused to be silenced by the very man I once defended. And if they could do it to the personal attorney of the President of the United States—with a legal team, media attention, and public support—imagine what they can do to a schoolteacher, an immigrant, a journalist, or a 22-year-old protester with no spotlight and no connections.

And now Stephen Miller is back and drunk with power. With Trump as President. And their mission is clear: silence dissent, criminalize criticism, and dismantle the legal protections that have kept America, barely, a functioning democracy.

I’ve been warning you about this for years. I screamed it in Revenge. I’ve said it on television, in interviews, in courtrooms. If they can do this to me, they can and will do this to you. And trust me, the emotional, physical, and spiritual scars are everlasting.

Some of you listened. Most didn’t.

Maybe now, as Miller sharpens his knives and Trump grins from the Resolute Desk, you’ll finally understand: this is not about me anymore.

It’s about you.

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PERSONAL NOTE: I CAN’T DO THIS ALONE.

If you’re reading this, it means you care. You care about truth. About justice. About saving our democracy from the grip of grifters, liars, and power-hungry con men. But let’s be real; I can’t carry this weight on my own.

I’m asking—no, urging—you, my loyal Substack readers, to help grow this platform into a force they can’t ignore. We’re not building a newsletter; we’re building a movement. One loud enough, sharp enough, and relentless enough to push back against the lies and hold the corrupt to account.

Now more than ever, independent journalism needs you. Your support keeps this alive—not corporate sponsors, not shady billionaires with agendas. You.

And yes, as a personal thank you, the first 240 Founding Members will receive a rare, signed, numbered Substack edition of my New York Times bestseller, Revenge: How Donald Trump Weaponized the U.S. Department of Justice Against His Critics. A collector’s item—and a statement.

But this is bigger than a book. It’s about standing up while others stay silent. It’s about building a community that calls out the bullshit and fights like hell for what’s right.

So here’s what you can do:
Become a supporter.
Share this Substack with family and friends.
Bring your people into the fight.

Do your part. Stand up. Speak out. The time is now, and together, we will be heard.