“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. 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.”
Chief Justice John Roberts, New Year’s Eve message, December 31, 2024.
This morning, Trump took once again to Truth Social for an exquisitely intelligent broadside aimed at the chief judge of the Washington, DC U.S. District Court, Judge James Boasberg for halting his efforts to remove Venezuelan migrants using the Alien Powers Act of 1798 which was intended to to resist a foreign invasion during a time of declared war. Needless to say, we are not at war with Venezuela. This upset our president who is set upon complete capture of the federal government within himself, a monarch in (impatient) waiting. He had this to say:
@realDonaldTrump
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!!! Mar 18, 2025, 9:05 AM
Trump’s beef? (1) Judge Boasberg was appointed by President Obama, (2) Judge Boasberg did not perform better that Trump in the 2024 election, (3) Judge Boasberg is a crooked judge, “a troublemaker and agitator,” and, as a consequence, the judge ought to be impeached, primarily for doing his job and interpreting the law in a manner consistent with precedent.
The rule of law laid down in judicial impeachment cases has been that judges cannot be removed for decisions that the president disagrees with. Impeachment of judges is an unlikely event in American history: 15 judges have been impeached, 8 convicted and removed. Impeachment and removal has ranged from intoxication on the bench, to abandoning the office and joining the Confederacy, to various types of corruption, and to perjury and income tax evasion, all of which arguably fit the normal impeachment standard of high crimes and misdemeanors for executive branch impeachments.*
* [But see this for more complete background: within the judicial branch “good behavior” clause of Article 3, there may be some argument that Trumpists may make to the effect that Judge Boasberg violated the good behavior clause (believe it or not) by simply ruling against Trump. The background of this good behavior clause makes it unrealistic to believe that such an argument would be considered as anything other than frivolous, however.]
In any event, the important conclusion in this crucial case is that Trump’s reaction shows clearly (1) his complete lack of basic understanding of the American constitutional system, particularly the judiciary, and (2) his knee jerk reaction to pulverize the reputation of any judge that disciplines him, (3) his utter contempt – utter demented contempt – for law, in general, and anything untoward that affects him adversely, and (4) his descent into uncontrolled all caps madness unlike anything witnessed in his first presidential term.
This battle between Trump administration and the courts represents, potentially, the most important on display since without Trump accepting court rulings the American government loses its principal foundation, judicial supremacy in judicial matters. Absent that, the jungle awaits . . .
__________________
UPDATE: Just prior to my posting this it’s been reported that in a very unusual pronouncement, the Supreme Court Chief Justice, John Roberts, issued the following:
“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.”
Given the highly unusual statement by the Chief Justice, its import cannot be underestimated. We’ll likely see, in its wake, MAGA world completely “cancel” the Chief Justice, and Trump say something that makes the situation worse.
This is important. Stay tuned.
