Q&A – Is President Trump Right About Judicial Impeachments?
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Today’s Entry: @brianmuddradio If a judge siding with terrorists isn’t impeachable...what is considered an impeachable offense for a judge?
Bottom Line: While I detect potential cynicism in this note, it’s nevertheless a hot topic and a good question as an Obama appointed judge has been targeted for impeachment, first by President Trump and most recently by congress, for a weekend ruling attempting to protect Tren de Aragua terrorists from deportation. The judge in question is James Boasberg the chief judge of the U.S. District Court for the District of Columbia. His Saturday ruling prohibited the federal government from deporting any noncitizens for 14 days pursuant to the Alien Enemies Act of 1798 – which President Trump invoked to deport the designated terrorists without due process.
The judge was so adamant in his ruling that he ordered any planes in the air to be turned around – something the Trump administration didn’t do, as the administration said the plane was already outside of US territory by the time the directive was issued. Moreover, the Trump administration maintains that the judge retained no legal authority to prevent the President of the United States from using his executive authority to combat terrorism.
In response to the judge’s ruling President Trump had this to say on Truth Social:
This Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama, was not elected President - He didn’t WIN the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES, he didn’t WIN 2,750 to 525 Counties, HE DIDN’T WIN ANYTHING! I WON FOR MANY REASONS, IN AN OVERWHELMING MANDATE, BUT FIGHTING ILLEGAL IMMIGRATION MAY HAVE BEEN THE NUMBER ONE REASON FOR THIS HISTORIC VICTORY. I’m just doing what the VOTERS wanted me to do. This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!! WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!
In response the Chief Justice of the Supreme Court, John Roberts, had this to say:
For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.
On Tuesday, House Republicans didn’t buy that explanation and articles of impeachment against the judge were introduced by Texas Reprehensive Brandon Gill. The impeachment filing cites the following:
Chief Judge Boasberg, in violation of his oath of office, did knowingly and willfully use his judicial position to advance political gain while interfering with the President’s constitutional prerogatives and enforcement of the rule of law. Further, the separation of powers under the Constitution grants the President broad authority over the executive branch, including authority to protect the nation, as part of his role in ensuring the administration of laws, including the Alien Enemies Act, and policies of the United States.
Chief Judge Boasberg required President Trump to turn around planes midair that had aliens associated with Tren De Aragua, a designated Foreign Terrorist Organization. This conduct jeopardizes the safety of the nation, represents an abuse of judicial power, and is detrimental to the orderly functioning of the judiciary. Using the powers of his office, Chief Judge Boasberg has attempted to seize power from the Executive Branch and interfere with the will of the American people.
As the Supreme Court has explained, for a court to second-guess a President’s determination under the Alien Enemies Act “would be assuming the functions of the political agencies of the Government” and “[i]t is not for [courts] to question” the President’s determinations under the Alien Enemies Act because “[t]hese are matters of political judgement for which judges have neither technical competence nor official responsibility.”
As far as what the impeachment standard is for judges... It’s the same as it is for any federal official. They’re all covered under Article II, Section 4 which states:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
As for federal judicial impeachments... 15 federal judges have been impeached by the House of Representatives. Out of those, 8 were convicted by the Senate and removed from office, while others either resigned or were acquitted. The most recent judicial impeachment took place in 2010.
It remains to be seen if the impeachment articles will gain traction. As Mark Levin has pointed out... Impeachment in the House wouldn’t turn into a conviction and removal in the senate. The more effective approach would be for Congress to eliminate and defund certain federal courts.