Dated April 29, 2025, & stamped “confidential,” the memo was careful & lawyerly but amounted to a warning against end-running the rule of #law. The subject line read: “THE WRIT OF HABEAS CORPUS.”
#HabeasCorpus — the centuries-old right to force the government to justify, before a judge, why it has locked a person up — is enshrined in Article I of the #Constitution.
#Trump #law #judiciary #SeparationOfPowers #ChecksAndBalances #democracy #StephenMiller #WhiteSupremacy #immigration
Scharf’s memo, in its unassuming way, was a blinking red warning light. The 2nd #Trump White House was deliberating an explosive new claim of #PresidentialPower: the suspension of habeas rights for unauthorized #immigrants.
The suspension of #HabeasCorpus has occurred just a handful of times in US history, & always under the most dire circumstances of #war or #invasion.
#law #judiciary #SeparationOfPowers #ChecksAndBalances #Constitution #democracy #StephenMiller #WhiteSupremacy #immigration