Trump planned to suspend habeas corpus? Inside leaked memo targeting key constitutional protection of individual liberty

The Trump administration seriously considered suspending the constitutional right of habeas corpus in 2025, according to a confidential memo drafted by White House staff secretary Will Scharf. The proposal, led by deputy chief of staff Stephen Miller, aimed to bypass judicial review in deportation cases, aligning with Miller’s long-standing efforts to limit legal oversight. Scharf’s April 29, 2025, memo warned that suspending habeas corpus—one of the oldest protections against unlawful detention—would likely face legal challenges and set a dangerous precedent. Habeas corpus, enshrined in Article I of the U.S. Constitution, allows detained individuals to challenge their imprisonment before a judge. Scharf argued that suspending this right without congressional approval would be unconstitutional, citing historical reluctance to interfere with habeas protections even in crises. He noted that past restrictions, such as those in the 1996 Antiterrorism and Effective Death Penalty Act, did not constitute a full suspension under the Constitution’s Suspension Clause. President Trump reportedly expressed interest in the idea, referencing Abraham Lincoln’s Civil War-era suspension of habeas corpus. Miller also directed the Justice Department to study the proposal, though internal resistance grew among administration officials. Scharf’s memo highlighted that suspending habeas corpus would likely trigger legal battles and distract from broader policy goals. The debate resurfaced after the January 2026 fatal shooting of Alex Pretti by federal agents in Minnesota, with Miller and Vice President JD Vance reportedly revisiting the idea of invoking the Insurrection Act. However, the administration ultimately abandoned both proposals, avoiding unprecedented legal and political risks. Scharf had previously warned against using the Insurrection Act domestically, calling it a ‘break-the-glass’ measure reserved for extreme circumstances.