President Donald Trump on Tuesday called for the impeachment of the federal judge who ordered a two-week halt to his efforts to remove Venezuelan migrants using extraordinary war powers that haven’t been invoked for decades.
Trump’s call to remove U.S. District Judge James Boasberg — the chief judge of the federal district court in Washington, D.C. — is the first time since taking office for his second term that he’s asked Congress to seek a judge’s removal, joining increasingly pointed calls by his top donor and adviser Elon Musk and a segment of his MAGA base.
Trump also suggested that “many” of the judges who have ruled against him in other cases should be impeached as well. It’s a significant incursion on the judiciary that comes as Trump has asserted unprecedented unilateral power over federal spending — despite Congress’ constitutional power of the purse — and sweeping authority to remove executive branch officials that previous presidents believed were protected by law.
Although the call represents a significant escalation, any impeachment effort is all but certain to be doomed in Congress, where narrow Republican majorities would lack the votes to remove a judge along party lines. Congress has been loath to entertain impeachment efforts for judges based purely on rulings they disagree with and has typically invoked the extraordinary procedures in cases of clear corruption or misconduct.
Trump, in a post on Truth Social Tuesday morning, called Boasberg a “troublemaker and agitator.” The president also boasted of his sweeping electoral win, underscoring the mandate he believes he was given by the American people to govern. (Judges are given lifetime appointments to insulate them from political pressure and shifts in public opinion.)
“FIGHTING ILLEGAL IMMIGRATION MAY HAVE BEEN THE NUMBER ONE REASON FOR THIS HISTORIC VICTORY,” Trump wrote. “I’m just doing what the VOTERS wanted me to do.”
For Trump, the attack on Boasberg is also an attempt to settle a score with a significant figure in his long-running criminal cases. Boasberg, as the chief judge, presided over key aspects of the grand jury proceedings that led to Trump’s criminal charges in Washington, D.C. for his attempt to subvert the 2020 election. Among Boasberg’s decisions: Requiring former Vice President Mike Pence to testify to the grand jury over Trump’s objection, and ruling that hundreds of emails from Rep. Scott Perry (R-Pa.) should be disclosed to investigators.
Boasberg also presided over some of the grand jury proceedings related to Trump’s criminal case for hoarding classified documents at his Florida estate.
Supreme Court Chief Justice John Roberts has warned of the pernicious threat of politically motivated calls for the impeachment of judges over disagreements on rulings.
“Public officials … regrettably have engaged in recent attempts to intimidate judges — for example, suggesting political bias in the judge’s adverse rulings without a credible basis for such allegations,” Roberts wrote in a New Year’s Eve message last year. “Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed. Public officials certainly have a right to criticize the work of the judiciary, but they should be mindful that intemperance in their statements when it comes to judges may prompt dangerous reactions by others.”
Prior to Trump’s social media post, White House press secretary Karoline Leavitt said during a press briefing Tuesday that she had “not heard the president talking about impeachment.” But Trump allies, including conservative lawyer Mike Davis, had been floating a possible impeachment of Boasberg throughout the day on cable and conservative news networks.
The White House has, however, brushed off the idea that Trump’s expanding assertions of power over his coequal branches is causing a constitutional crisis, arguing that it is the courts who are overstepping their legal authority. Republicans in Congress, meanwhile, have largely been content to allow Trump to override their prerogatives.
In court on Monday, Boasberg peppered the administration with questions about whether it had deliberately ignored his order to turn around planes carrying the deportees — an argument the Justice Department responded to by arguing that his verbal order did not count, only his written order.
The Justice Department has also asked a federal appeals court to have Boasberg removed from the case, but the appeals court has not yet acted on their demand. The administration is due to respond to Boasberg’s request for information about the flights by noon Tuesday.
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