John Yoo, a prominent conservative legal scholar, warns that any move by President Trump to suspend habeas corpus in relation to immigration could be grounds for impeachment. Yoo references comments made by Stephen Miller regarding the suspension of this legal privilege during times of invasion, indicating that such measures are being considered to tackle illegal immigration. However, Yoo argues that the constitutional basis for suspension does not apply to immigration cases, suggesting it would not withstand judicial scrutiny and would overstep presidential powers, thereby spotlighting impeachment risks.
If you suspend habeas corpus, and you put these aliens into the hands of the military, does the president really want to raise doubts about the military's willingness to follow orders?
It wouldn't apply to a case of immigration at all. There's zero chance that that would fly in the courts.
You would have plausible grounds for impeachment, argued Yoo. You would have a president who arguably arrogated the powers of another branch at a time when the provision doesn't even applyâso much stronger ground for impeachment than Trump's first two rides on that rodeo.
A lot of it depends on whether the courts do the right thing or not. At the end of the day, Congress passed a body of law... that stripped Article III courts of jurisdiction over immigration cases.
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