Controversy
Steve Bannon
Ilya Somin
Karoline Leavitt
Brennan Center for Justice
Stephen Miller
Status:Open

Will The Trump Administration Suspend Habeas Corpus?

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Claims

Ilya Somin
Ilya Somin"Habeas corpus can only be suspended under the Constitution in times of invasion or insurrection. None of that is happening now."May 12, 2025
Brennan Center for Justice
Brennan Center for Justice"No, only Congress can suspend habeas corpus."Jan 29, 2025
Stephen Miller
Stephen Miller"I would say that's [suspending the writ of habeas corpus] an option we're actively looking at."May 10, 2025
Marc Elias
Marc Elias"Congress has the authority to suspend habeas corpus - not Stephen Miller, not the president."May 10, 2025
J. Michael Luttig
J. Michael Luttig"Trump doesn't have the power to suspend habeas corpus."May 16, 2025
Steve Bannon
Steve Bannon"We are going to suspend the writ of habeas corpus if the courts keep ruling against this [Trump's mass deportations]."Jun 29, 2025
Karoline Leavitt
Karoline Leavitt"I can assure you that the president and the entire administration are certainly open to all legal and constitutional remedies [including pausing the writ of habeas corpus] to ensure we can continue with the promise of deporting illegal criminals from our nation's borders."Apr 28, 2025
Metaculus
MetaculusWill the Trump administration announce a suspension of habeas corpus before January 20, 2029?
William A. Galston
William A. Galston"Neither constitutional law nor history supports the proposition that President Trump can suspend the writ without congressional review and authorization."Jun 27, 2025
Donald Trump
Donald Trump"There's one way [suspending habeas corpus] that's been used by three very highly respected presidents, but we hope we don't have to go that route."May 10, 2025

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