Katty Kay: White House Lawyer Warned Suspending Habeas Corpus Would Be Found Unlawful

RUSH EXCERPT:

KAY: “Maggie Haberman and Jonathan Swan of The New York Times have new reporting on the debates inside the White House last year over suspending habeas corpus for undocumented immigrants. The reporting comes from their new book, regime change, which will be released next Tuesday. They detail a memo dated April the 29th of 2025 from Charles Scharf, an arch conservative lawyer serving as the White House staff secretary, with the subject line of the writ of habeas corpus, the Constitution, Mr. Scharf wrote in his memo to siouxsie wiles, the White House chief of staff permits suspension of habeas corpus only in cases of rebellion or invasion. Courts have almost uniformly held that only Congress can do it. Mr. Scharf did not say what Mr. Trump should do, but the implication was plain suspension of habeas rights without congressional authorization would almost certainly be found unlawful, and the court fight would become a huge self-inflicted distraction. Suspending habeas corpus was one of two radical ideas that Stephen Miller, yes, that Mr. Miller had been pushing."