Rogan O'Handley DC Draino

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SEE MAIN DE DRAINO

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MMA Steve Bannon and his guest agree: Trump should suspend habeas corpus if the Supreme Court doesn't end nationwide injunctions

Rogan O'Handley: "President Trump will have no choice but to suspend the writ of habeas corpus”

Written by John Knefel

Published 05/28/25

A guest on former Trump adviser Steve Bannon’s War Room podcast argued that if the Supreme Court doesn’t limit the federal judiciary’s power to issue nationwide injunctions, then President Donald Trump must suspend the writ of habeas corpus to accelerate his mass deportation plans. Bannon later fully agreed with the assessment.

Rogan O’Handley — a conservative commentator who goes by the moniker DC Draino — made the comments on the May 27 edition of War Room, escalating a campaign that he, Bannon, and others in right-wing media have been waging since at least April 22.

Habeas corpus refers to the constitutional right of an incarcerated person to challenge their confinement before a judge. Legal experts have said it is “absurd” to think that the Trump administration can suspend habeas without an act of Congress. Bannon and O’Handley’s conversation comes as the Trump administration has sought to use a 1798 wartime law to circumvent habeas claims, while also railing against federal judges who have issued various injunctions limiting the practice.

Previously, Bannon and War Room guest Mike Davis, founder of the Article III Project, had called for the Trump administration to force the Supreme Court to rule on whether the executive branch could unilaterally suspend habeas corpus rights before its summer recess. O’Handley’s push to tie habeas to the issue of nationwide injunctions offers a more concrete and explicit timeline.

“Right now, the Supreme Court is debating internally about the extent and the power of these federal district court judges to issue these national injunctions,” O’Handley said. “If they make a ruling that they are able to continue completely stalling the presidency, executive II powers to deport illegal aliens, then President Trump will have no choice but to suspend the writ of habeas corpus and save this country.”

“If the Supreme Court does not limit these injunctions to just the parties before the district courts, then that solidifies that we are in a constitutional crisis and Trump will have to take drastic measures to repel this historic invasion,” O’Handley added.

“I 100% agree with you,” Bannon responded.

Video

Citation

From the May 27, 2025, edition of Real America's Voice's War Room

There are at least two distinct legal issues underlying Bannon and O’Handley’s commentary. One is whether unauthorized immigration constitutes an “invasion,” as the Trump administration has argued, and therefore authorizes use of the Alien Enemies Act, an 18th century law that gives the president sweeping powers to detain and deport people during wartime. Legal blog Just Security characterized the administration’s position as “extremely dangerous, and at odds with the text and original meaning of the Constitution.”

On May 16, the Supreme Court prevented the Trump administration from using the Alien Enemies Act to quickly deport Venezuelans without “constitutionally adequate notice.” Prior to the Supreme Court’s decision, at least three federal judges had ruled against the Trump administration’s use of the Alien Enemies Act, although a judge in Pennsylvania OK’d its use.

The other issue is the power of federal district courts to issue rulings that apply to the entire country, known as nationwide injunctions. The topic came before the Supreme Court on May 15, during a hearing on the constitutionality of Trump’s executive order purporting to ban birthright citizenship in a case that also had direct implications for nationwide injunctions. The Washington Post reported that the Supreme Court appeared “divided” on how to rule on that issue.

White House deputy chief of staff Stephen Miller, Homeland Security Secretary Kristi Noem, and Trump himself all appear to be willing to take the extraordinary step of suspending habeas corpus.

According to Georgetown law professor Steve Vladeck, the “near-universal consensus is that only Congress can suspend habeas corpus—and that unilateral suspensions by the President are per se unconstitutional.”

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mma 11 23 j6 tapes

• ## Police suffered injuries at the hands of the rioters and allowed some movement in an attempt to de-escalate
  • The police union has said 140 police officers suffered injuries from January 6.The Washington Post, [1/27/21]
  • Police battled to keep rioters out of the Capitol but in some cases stood by because they were outnumbered or engaged politely to try to de-escalate.CNN reported:

The claim that the rioters were invited into the Capitol is false. ... There were hours-long battles between police and rioters near some entrances. CNN obtained footage from police body-worn cameras showing how dozens of officers engaged in hand-to-hand combat with rioters in a desperate effort to keep them out of the building. There are plenty of instances where rioters waltzed into the Capitol without a fight, but only after they had stormed past barricades and, in some cases, even stepped through broken windows. In some areas, police were so outnumbered by the mob that they retreated, stood aside or tried to politely engage with rioters to de-escalate the situation rather than fighting or making arrests, but that is clearly not the same as welcoming rioters into the building. CNN, [1/4/22]

• • Capitol Police Chief Tom Manger stated that Capitol Police “did their best to use de-escalation tactics to try to talk rioters into getting each other to leave the building.” In a memo to staff, Manger disputed “outrageous and false” claims that Capitol Police served as “tour guides” for Jacob Chansley, aka the QAnon Shaman. Manger wrote that “Capitol Police were badly outnumbered on Jan. 6” and that “those officers did their best to use de-escalation tactics to try to talk rioters into getting each other to leave the building.” The Washington Post, [3/7/23]
  • Capitol Police officers testified to the January 6 Committee that the day was “nothing short of brutal,” that there was “carnage” and it was a “war scene.” The committee also aired body camera footage from the officers that showed rioters shoving officers and pushing down barricades outside the Capitol. NPR, [7/27/21, 6/23/21, The Associated Press, 6/10/22]
  • Police onsite were massively outnumbered by rioters, with an estimated 2,000 people entering the Capitol building and under 200 officers at the Capitol building itself. Forbes, [12/16/21, ABC7, 1/6/22]

• ## Right-wing media claim police allowed protestors to enter the Capitol and suggest that means it wasn’t a violent insurrection
  • Newsmax host Greg Kelly stated that it is “actually not true” that rioters broke into the Capitol and instead “some people were invited inside, and the police officers seemed to welcome them there.” While showing footage of protestors entering, Kelly also asserted that “this blows open the preferred January 6 narrative.” Newsmax, *Greg Kelly Reports*, [11/17/23]
  • Newsmax host Eric Bolling said the footage shows Capitol police “escorting the protestors.” He asked his guest Rudy Giuliani, “I mean, does that look like an overthrow of the United States government to you, sir?” Newsmax, *Eric Bolling The Balance*, [11/17/23]

• • Also on Newsmax, host Rob Schmitt claimed that protesters in the Capitol looked like they were taking “a tour,” adding that the “QAnon Shaman was actually escorted into the Capitol by police.” Schmitt acknowledged that there was some violence but nevertheless told his audience, “This is a much different day than it was portrayed by the media and by your members of Congress” and called the footage “an important reminder to always, always question what you are told by your government.” In fact, as The Associated Press reported in March, court documents and video footage from the attack show that the QAnon Shaman “entered the Capitol without permission, was repeatedly asked to leave the building and was not accompanied at all times.” Newsmax, *Rob Schmitt Tonight*, [11/17/23; The Associated Press, 3/7/23]
  • Conservative podcast host Kyle Becker called the footage “bizarre” for showing rioters “casually walking the halls.”He posted, “This newly released J6 video is BIZARRE. All of these dangerous ‘insurrectionists’ casually walking the halls... right next to Capitol Police and FBI agents in full riot gear. WHAT is going on here? 👀” Twitter/X, [11/18/23]
  • Right-wing personality Liz Wheeler claimed that Capitol police were “directing the insurrectionists” with a “handshake & pat on the back.” She posted, “Capitol police directing the insurrectionists who to insurrection with a handshake & pat on the back. Mark my words, the key to alllll of this lies with Nancy Pelosi.” Twitter/X, [11/17/23]
  • Turning Point USA founder Charlie Kirk asserted that “the J6 Committee’s violent insurrection narrative has crumbled” and called for the immediate release of rioters. He posted, “And just like that the J6 Committee’s violent insurrection narrative has crumbled. The Capitol Police facilitated the protesters passage through the building. The vast majority of J6ers should be immediately released.” Twitter/X, [11/17/23]
  • Conservative commentator Benny Johnson noted police “were giving handshakes to protestors” and determined that “this is not an insurrection.” He posted, “Capitol Police were giving handshakes to protesters. Now ask yourselves this; In which ‘insurrection’ or ‘Rebellion’ in history would this have happened in? None — because this is not an ‘insurrection.’” Twitter/X, [11/17/23]
  • Conservative commentator Rogan O'Handley, also known as DC Draino, posted, “Wow what an ‘insurrection’! Watch as J6ers slowly walk past Capitol Police who just watch. Democrats said this was worse than 9/11.” X, [11/17/23]
  • Right-wing conspiracy theorist Laura Loomer dismissed concerns of right-wing violence at the Capitol because Capitol police were “fist-bumping” rioters. She said: “Oh, if these cops are so concerned, and this was really worse than 9/11 and Pearl Harbor combined, and, you know, it's like a modern day Nazi rally in our nation's capital, why is it that the Capitol Police are fist-bumping these people?” Rumble, *Loomer Unleashed*, [11/17/23]

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