Anonymous wrote:There was an article in the NYT yesterday. Last spring Miller pushed the idea of suspending Habeas Corpus but it was quashed by attorney Will Scharf , uber conservative White House lawyer. Scharf sent a memo, and stamped “confidential,” was a warning against end-running the rule of law. Miller thought they
The Times wrote …
“ Yet just as the idea of suspending habeas corpus was set aside but never fully abandoned by some inside the White House, the Insurrection Act, at least in the eyes of its proponents, would remain a loaded weapon in a West Wing eager to test the limits of presidential power.”
One lawyer doing his job halted the attempt at suspending Habeas Corpus for now. Miller is still pushing for the insurrection act.
Miller hasn’t given up. He recommends that Trump simply claim the power to suspend Habeas Corpus. Then Trump could speed up deportations, and more important to assert vastly expanded power over a legal system that was getting in his way.
We haven’t seen the last of this.
https://www.nytimes.com/2026/06/15/us/politics/trump-scharf-habeas-corpus-insurrection-act.html
Yet a few days after the Pretti killing, and even as the administration was moving to de-escalate the situation, Mr. Vance walked into Ms. Wiles’s West Wing office shortly after 9 a.m. for the regular senior staff meeting, and took a seat at the end of her long conference table.
Attendance was lighter than usual. Mr. Miller sat to his right, his back to the windows overlooking West Executive Avenue. Mr. Scharf sat at the opposite end of the table. Mr. Warrington, the White House counsel, was beside the vice president. Ms. Wiles took her customary wingback chair near the fireplace. Her deputy, James Blair, took the other.
Mr. Vance got to the point. They needed to invoke the Insurrection Act, swiftly, to crush the unrest in Minnesota. It would be painful in the short term, he said, but the message it would send — that paid agitators could not get away with disrupting ICE operations — would make sure no one tried it again. (There was no evidence that either Mr. Pretti or Ms. Good had been paid activists.)
Anonymous wrote:Habeas corpus has only been suspended in extreme circumstances, usually involving war or armed insurrection:
1814 (Louisiana): Suspended by military commander Andrew Jackson to protect New Orleans from British invasion.
1861–1863 (Civil War): Suspended by President Abraham Lincoln to detain suspected Confederate sympathizers and draft resisters.
1905 (Philippines): Suspended by President Theodore Roosevelt during an insurrection in two provinces.
1941 (Hawaii): Suspended by President Franklin D. Roosevelt following the Japanese attack on Pearl Harbor.
Basically if we are allowed to be invaded by a foreign military power or a domestic uprising, the POTUS will suspend.
It's probably easier to look the other way while a foreign power does the dirty work.
Anonymous wrote:Habeas corpus has only been suspended in extreme circumstances, usually involving war or armed insurrection:
1814 (Louisiana): Suspended by military commander Andrew Jackson to protect New Orleans from British invasion.
1861–1863 (Civil War): Suspended by President Abraham Lincoln to detain suspected Confederate sympathizers and draft resisters.
1905 (Philippines): Suspended by President Theodore Roosevelt during an insurrection in two provinces.
1941 (Hawaii): Suspended by President Franklin D. Roosevelt following the Japanese attack on Pearl Harbor.
Basically if we are allowed to be invaded by a foreign military power or a domestic uprising, the POTUS will suspend.
It's probably easier to look the other way while a foreign power does the dirty work.