Yes, **habeas corpus** has been suspended by U.S. presidents in extraordinary circumstances, primarily during times of war or national emergency. Below are the key instances:
1. **Abraham Lincoln (1861–1863, Civil War)**
- **Reason**: During the Civil War, Lincoln suspended habeas corpus to suppress rebellion and maintain Union control, particularly in areas with Confederate sympathizers. He aimed to detain suspected rebels, spies, or those aiding the Confederacy without immediate trial.
- **Details**: Lincoln first suspended habeas corpus in 1861 along the route between Philadelphia and Washington, D.C., due to riots and threats to Union supply lines. In 1862, he expanded the suspension nationwide for cases involving military arrests. The Supreme Court questioned his authority in *Ex parte Merryman* (1861), but Lincoln justified it under his war powers, arguing necessity to preserve the Union. Congress later ratified the suspension via the Habeas Corpus Suspension Act of 1863.
- **Duration**: The suspension lasted intermittently from 1861 until the end of the Civil War in 1865, though its application varied by region and was lifted in some areas earlier.
- **Impact**: Thousands were detained without trial, including suspected deserters, draft dodgers, and political opponents, though exact numbers are debated.
2. **Ulysses S. Grant (1871, Reconstruction Era)**
- **Reason**: Grant suspended habeas corpus in parts of South Carolina to combat the Ku Klux Klan’s violent campaign against Black citizens and Reconstruction governments.
- **Details**: Under the Enforcement Act of 1871 (also called the Ku Klux Klan Act), Congress authorized the suspension to allow federal troops to arrest and detain Klan members without immediate judicial review. This targeted white supremacist violence in nine South Carolina counties.
- **Duration**: The suspension was limited to specific counties and lasted from October 1871 to mid-1872, when conditions stabilized.
- **Impact**: Hundreds of suspected Klan members were arrested, weakening the organization’s influence in the region.
3. **Franklin D. Roosevelt (1941–1945, World War II)**
- **Reason**: Habeas corpus was effectively suspended in Hawaii after the Pearl Harbor attack under martial law to maintain order and security.
- **Details**: Following the December 7, 1941, attack, Hawaii’s territorial governor, with FDR’s approval, declared martial law. Military authorities detained suspected subversives, including Japanese-American citizens, without habeas corpus. The Supreme Court upheld martial law in *Duncan v. Kahanamoku* (1946) but ruled after the war that civilian courts should have retained jurisdiction.
- **Duration**: The suspension lasted from December 1941 until October 1944, when martial law was lifted in Hawaii.
- **Impact**: Thousands were detained, and military tribunals replaced civilian courts for many cases.
4. **George W. Bush (Post-9/11, 2001–2008)**
- **Reason**: While not a formal suspension of habeas corpus for U.S. citizens, the Bush administration’s policies after 9/11 effectively denied habeas rights to “enemy combatants” detained at Guantanamo Bay and elsewhere during the War on Terror.
- **Details**: The Military Commissions Act of 2006 attempted to strip habeas corpus rights from non-citizen detainees. The Supreme Court, in *Boumediene v. Bush* (2008), ruled that Guantanamo detainees had a constitutional right to habeas corpus, as the base was under U.S. control. For U.S. citizens like José Padilla, habeas rights were initially restricted but later restored through court challenges.
- **Duration**: The effective suspension for non-citizens lasted from 2001 until the 2008 ruling, though legal battles continued. For citizens, restrictions were case-specific and typically overturned by courts within a few years.
- **Impact**: Hundreds of detainees, mostly non-citizens, were held without access to courts for years, prompting significant legal and human rights debates.
### Notes:
- **Legal Basis**: The U.S. Constitution (Article I, Section 9) allows suspension of habeas corpus “when in Cases of Rebellion or Invasion the public Safety may require it.” Presidents have relied on this clause or congressional approval, though Lincoln’s unilateral action sparked controversy.
- **Congressional Role**: In most cases, Congress either authorized or retroactively approved suspensions, except during parts of Lincoln’s presidency.
- **Modern Context**: No president has formally suspended habeas corpus since World War II, though post-9/11 policies raised similar concerns. Recent discussions on X and web sources suggest ongoing debates about habeas corpus in the context of national security, but no new suspensions have occurred as of April 17, 2025.
If you want more details on a specific case or related legal precedents, let me know!
