Until recently, I believed that only incontrovertible evidence of treason might create the political conditions necessary for President Donald Trump to be impeached for a third time. Given his extraordinary resilience in the face of political controversy, I had difficulty imagining another scenario serious enough to produce such an outcome.
But I may have overlooked another possibility: a constitutional crisis involving the suspension of habeas corpus.
On May 9, 2025, Stephen Miller, then serving as White House deputy chief of staff, told reporters that the Trump administration was actively considering suspending habeas corpus as part of its immigration enforcement efforts. Miller argued that the Constitution permits such a suspension during an invasion and suggested that the administration’s decision could depend on how federal courts responded to its immigration policies.
Those remarks were troubling when he made them. They deserve renewed attention now that Trump has selected Miller to replace Susie Wiles as White House chief of staff.
To understand the seriousness of this possibility, it is necessary to understand what habeas corpus actually means.
Habeas corpus is one of the fundamental protections against arbitrary imprisonment. It allows individuals detained by the government to challenge the legality of their detention before a court. Without that protection, the government could potentially hold people without providing them a meaningful opportunity to contest their imprisonment.
Importantly, habeas corpus is not a protection reserved exclusively for American citizens. Noncitizens, including individuals facing deportation, can also invoke it under circumstances established by federal law and constitutional precedent.
The Constitution explicitly limits the circumstances under which habeas corpus may be suspended. Article I, Section 9 permits suspension only in cases of rebellion or invasion when public safety requires it. The prevailing constitutional interpretation also holds that the authority to suspend habeas corpus belongs to Congress rather than the president acting unilaterally.
There is an important historical precedent.
President Abraham Lincoln suspended habeas corpus during the Civil War, initially without congressional authorization. His actions produced a major constitutional controversy, particularly after Chief Justice Roger Taney challenged the president’s authority in Ex parte Merryman in 1861. Congress subsequently authorized suspension in 1863.
Lincoln’s actions remain controversial, but the circumstances were extraordinary. The United States was fighting a genuine civil war, with organized armies attempting to overthrow the federal government’s authority over large portions of the country.
Whatever one’s position on contemporary immigration policy, it is difficult to equate the presence of undocumented immigrants with the kind of military invasion or armed rebellion contemplated by the Constitution’s Suspension Clause.
That distinction matters enormously.
If Trump were to attempt to suspend habeas corpus unilaterally, using immigration enforcement as the justification, the administration would almost certainly face substantial legal challenges. Federal courts would be asked to determine whether the president had exceeded his constitutional authority and whether the circumstances justified such an extraordinary measure.
A confrontation could become even more serious if the administration attempted to disregard judicial rulings or prevent courts from reviewing detentions.
And that is where impeachment enters the picture.
The Constitution does not require a president to commit treason before Congress can impeach him. It also permits impeachment for bribery and other high crimes and misdemeanors, a category that can encompass serious abuses of presidential power.
An attempt to deprive large numbers of people of judicial review through an unauthorized suspension of habeas corpus could plausibly provide grounds for impeachment, particularly if it formed part of a broader effort to circumvent the courts.
The political circumstances have also changed considerably following the November 2026 midterm elections.
With Democrats having secured control of both chambers of Congress, Trump will face a substantially less accommodating legislative branch beginning in January 2027. A Democratic-controlled House would have the votes necessary to impeach him without Republican support, provided Democrats themselves could agree on articles of impeachment.
Of course, impeachment and conviction are two very different things.
The House can impeach a president by a simple majority vote, but conviction and removal from office require a two-thirds majority of the Senate. Even with Democrats controlling that chamber, obtaining the necessary votes would remain a formidable obstacle.
For that reason, I remain skeptical that Trump would actually be removed from office through impeachment.
Nevertheless, I can envision a scenario in which a unilateral suspension of habeas corpus produces sufficient constitutional outrage to prompt the House to impeach him for a third time.
None of this means that such a crisis is inevitable or even imminent. Miller’s comments were made in 2025, and considering an extraordinary legal measure is not the same as implementing it. The administration might never attempt to suspend habeas corpus. Even if it did, impeachment would depend on the specific circumstances and the political calculations of Congress.
But the possibility deserves serious consideration.
Trump has repeatedly tested the limits of presidential power, and Miller’s elevation to chief of staff raises legitimate questions about how aggressively the administration might pursue its interpretation of executive authority during the final two years of Trump’s presidency.
The United States has survived constitutional crises before. What makes the suspension of habeas corpus particularly alarming is that it concerns one of the most basic safeguards against arbitrary government power: the right to challenge one’s imprisonment before an independent judiciary.
A government that can detain people while denying them meaningful access to the courts possesses an extraordinary degree of coercive authority.
That is precisely why the Constitution places such stringent limits on suspending habeas corpus.
I once thought that only evidence of treason could create the conditions for Trump’s third impeachment. I now believe that an attempt to suspend habeas corpus during peacetime could produce a constitutional confrontation serious enough to bring about the same result.
Whether Trump would actually cross that line remains an open question.
But if he does, impeachment may once again become a defining feature of his presidency.



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