Sunday, March 23, 2025

The Impeachment of Judges

Rep Brandon Gill (R-Texas) submitted H.R. 229 to impeach U.S, District Court Judge James E. Boasberg for “high crimes and misdemeanors” on 18 March 2025.  The resolution has 16 cosponsors, all Republican. [1] A summary was not available, however, CBS quoted Congressman Gill as follows: 

"Judge James Boasberg, a rogue D.C. judge, has abused his power of the judiciary, weaponized the judiciary, politicized it, to usurp President Trump's clear plenary, Article II powers as commander in chief," said Gill. "Remember, he did this for the purpose of turning a plane mid-air full of some of the most violent, brutal, ruthless terrorists to demand that they come back into our community. That is a usurpation of power, it's unconstitutional, and it's wrong." [2] 

In a social media (truthsocial.com) post on 18 March 2025, President Donald Trump called for Judge Boasberg and other liberal Judges to be impeached for interfering with what the voters elected him to do. [3] 

NBC News quoted a statement from Supreme Court Chief Justice John Roberts stating his opposition to Boasberg’s impeachment: 

"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." [4] 

The TV News Media has been full of legal experts expressing their learned opinions about the impeachment of judges, the constitutional and jurisdictional authority of judges, and the political bias both sides of this issue seem to be steeped in.  I have not had the “benefit” of law school, but as a private citizen I have drawn several conclusions that I will share with you now. 

In an ideal world, the courts would be impartial, dispensing equal justice under the law in every case.  We do not live in an ideal world.  Judges are appointed, in part, because of the political views they adhere to.  It is regrettable, but it is fact.  The best we can do is to elect appointing authorities who share our views.  We would support, however, legislation that would provide for a judicial recall process by popular vote. 

Judges should not be impeached because of the decisions they make on the law.  The courts should be independent, as intended by the constitution.  Judges should be impeached, however, if they exceed their constitutional authority, try to impose decisions outside their legal jurisdiction, or break the law.  In the opinion of many, Judge Boasberg should be impeached on those grounds. 

The Democrats use the courts to create laws (case law) that advance their political agenda because the voters will not approve it at the ballot box.  We condemn this practice, and we urge our fellow citizens not to vote for Democrats and Independents who do it.  It is undemocratic (no pun intended). 

When the Republicans tried to impeach Bill Clinton, I had a gut feeling that they were opening a Pandora’s box.  My gut was accurate.  Impeachment has now become commonplace.  It is being used as a political tool to delay, prevent, or distract officials from performing the duties their office.  That is not what the constitution intended.  Under the constitution, impeachment is provided to hold officials accountable for breaking the law who may not otherwise be prosecuted.  Lamp in a Corner calls for legislation or a constitutional amendment to establish clear limits on the use of impeachment. 

Fellow citizens, the stability of our government is being undermined by the foolish and shortsighted use of impeachment.  Please let your elected representatives know that you oppose the misuse of impeachment.