He had helped develop the #Trump team’s legal arguments behind the successful effort to get the Mar-a-Lago #ClassifiedDocuments indictment thrown out, as well as the arguments behind the presidential #immunity case that prevailed at #SCOTUS. He had embraced the most contentious elements of Trump’s agenda, but was quickly coming up against the limit of what the #Constitution, in his reading, could be made to bear.
#HabeasCorpus #law #judiciary #SeparationOfPowers #ExecutivePower #democracy
The #Constitution, Scharf wrote in his memo to #SusieWiles, the WH chief of staff, permits suspension of #HabeasCorpus only in cases of rebellion or invasion. #Courts have almost uniformly held that only #Congress can do it.
He added∶“Even where Congress has explicitly suspended habeas corpus rights, the Supreme Court has held that some alternative process must be provided to defendants, with procedural safeguards akin to a habeas corpus action.”