Secret Memo Exposes Trump Team’s Debate on Suspending Constitution
This idea alarmed others in the Trump administration, who saw it as legally weak and likely to be overturned in court. Among them was Will Scharf, a right-wing lawyer serving as White House staff secretary, who was the last person who saw paperwork before it reached the president’s desk.
In April, Scharf wrote a secret memo to White House chief of staff Susie Wiles warning of the dangers of suspending habeas corpus, pointing out its legal pitfalls. He also wrote another memo to Wiles warning against invoking the Insurrection Act, another legally questionable idea pushed by some in the administration, including Miller.
In October, Scharf wrote a memo against invoking the act, saying that it “serves as a break-the-glass exception to the traditional, general prohibition on the use of the military in the domestic setting.” He pointed out that it was last used in 1992 during riots in Los Angeles at the request of the California governor, and its invocation would be unprecedented to use against immigration protesters.