Story perspectives

Trump aide warned suspending habeas corpus unconstitutional

6/15/2026

Summary

Story summary

Will Scharf, staff secretary, memoed on April 29, 2025 that suspending habeas corpus would breach constitutional protections.
The memo reacted to President Donald Trump’s team debating a proposal to suspend habeas rights for unauthorized immigrants.
Scharf warned that invoking the Insurrection Act would be a rare “break-the-glass” exception and unprecedented against immigration protesters.
Senior officials said the suspension idea was legally weak and likely to be overturned by courts.

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Story summary

Will Scharf, staff secretary, memoed on April 29, 2025 that suspending habeas corpus would breach constitutional protections.
The memo reacted to President Donald Trump’s team debating a proposal to suspend habeas rights for unauthorized immigrants.
Scharf warned that invoking the Insurrection Act would be a rare “break-the-glass” exception and unprecedented against immigration protesters.
Senior officials said the suspension idea was legally weak and likely to be overturned by courts.