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.”
“It prevents, in effect, governmental actors from detaining, imprisoning or executing individuals arbitrarily,” Scharf wrote.
… #SCOTUS had allowed the admin to continue its use of the #AlienEnemiesAct as the basis for deporting Venezuelans in the #US illegally. But also ruled that the migrants were entitled to challenge their #deportations in court before being expelled. The detainees, the court held, could file lawsuits citing #HabeasCorpus to challenge the basis for their removal…