Ignoring habeas corpus
Habeas corpus is the procedural right of a detained person to require the state to justify their detention before a court. Refusing to honor habeas petitions, delaying responses indefinitely, structuring detention regimes to evade habeas jurisdiction, or suspending habeas outside the narrow constitutional grounds — these are direct breaches of one of the oldest procedural protections in Anglo-American law.
Documented entries (2)
2026
DOJ announces forthcoming rule to narrow federal habeas review of state capital convictions under Chapter 154
On April 24, 2026, the U.S. Department of Justice announced — in a same-day press release from the Office of Public Affairs paired with the Office of Legal Policy report "Restoring and Strengthening the Federal Death Penalty" — that it planned to publish a proposed rule that would "empower states to streamline federal habeas review of capital cases" under Chapter 154 of Title 28, with DOJ saying the rule "will reduce by years the period between conviction and execution in state capital cases." Federal habeas review of state convictions has been the principal vehicle for federal-court oversight of state capital cases since 1867; an administrative rule that materially narrows that review would curtail a long-standing federal check on state criminal-justice systems without legislative action.
DOJ announces forthcoming rule barring federal capital inmates from filing clemency petitions until direct appeals and first collateral attack are final
On April 24, 2026, the U.S. Department of Justice announced — in a same-day press release from the Office of Public Affairs paired with the Office of Legal Policy report "Restoring and Strengthening the Federal Death Penalty" — that it planned to publish a proposed rule prohibiting capital inmates from submitting clemency petitions, and the Office of the Pardon Attorney from considering them, until the inmate's direct appeal and first collateral attack are final. The rule, within DOJ's claimed rulemaking authority, would for the first time foreclose for years at a time a clemency remedy that historically has run in parallel with — not after — judicial review.