It is Unconstitutional for Trump to Suspend the Writ of Habeas Corpus, by Dr. Joseph Sansone

Even if the U.S. was being invaded or the government was facing a rebellion, neither of which currently apply, it is not clear that the president can unilaterally suspend the Writ of Habeas Corpus. It appears that power is delegated to Congress. From Dr. Joseph Sansone at josephsansone.substack.com:

The privilege of a Writ of Habeas Corpus has been suspended a few times in American history, mostly surrounding the Civil War, post Civil War Reconstruction, and World War II. Noteworthy are Lincoln’s gross human rights abuses during the Civil War and shortly afterward, and the mistreatment of the Japanese civilians during World War II.

James Madison, the author of the United States Constitution argues that the privilege of Habeas Corpus can be suspended in Federals Paper no. 43. Madison included insurrections in addition to foreign invasion as a cause to suspend the privilege to Habeas Corpus. It is worth noting that James Madison, when President, even after the White House was burned down by the British, did not suspend Habeas Corpus.

“Habeas corpus” is Latin for “show the body.” A Writ of Habeas Corpus is used to justify a persons imprisonment. The government must show evidence that the arrest and detainment is lawful. In other words, the government must demonstrate that it has the right to hold You, or it must release You.

This is an important legal concept as it prevents individuals from being arrested and held indefinitely without a formal charge being brought against them. The Writ of Habeas Corpus prevents a government from arresting and detaining people on a whim. This is something that happens with political prisoners across the globe throughout the ages. Recently, this was seen with the January six political prisoners after the United States government’s false flag insurrection operation.

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