A Republican congressman has introduced a resolution calling for the firing of the judge that blocked President Donald Trump‘s El Salvador deportations.
Why It Matters
The resolution introduced by Arizona Representative Andy Biggs seeks to bypass the impeachment process, in which two thirds of the Senate would have to vote to fire Judge James Boasberg.
Were it to succeed, it would spark a major constitutional crisis and set a precedent for congressional firing of judges seen as political opponents.
Newsweek sought email comment on Tuesday from the offices of Congressman Biggs and Judge Boasberg.
What To Know
Boasberg warned Department of Justice (DOJ) officials on March 15 that a group of Venezuelan men should not be deported to El Salvador until he had considered the full facts of the case.
The men were deported that same day and Boasberg has spent two weeks trying to find out if the Trump administration had violated his court order.
He also suggested that the Trump administration may be in contempt of court and expressed his frustration at the DOJ for its refusal to answer his questions.
He imposed a temporary restraining order preventing any more deportations to El Salvador.
Impeachment
Trump wrote on his social media site, Truth Social, that Boasberg should be impeached.
However, that would require a resolution by the House and approval by two thirds of the Senate. Republicans have nowhere near the numbers for the impeachment to succeed.
‘Political Gain’
On March 31, Biggs introduced a resolution to fire Boasberg that would require only a simple majority of the House and Senate.
However, it would likely face an immediate legal challenge, as it would seek to bypass the Constitution’s impeachment framework.
Biggs’ resolution reads: “Chief Judge Boasberg, in violation of his oath of office, did knowingly and willfully use his judicial position to knowingly interfere with the president’s constitutional prerogatives and enforcement of the rule of law for political gain.”
‘Good Behavior While in Office’
Biggs’ resolution quotes the U.S. Constitution section that reads: ”the Judges, both of the supreme and inferior Courts, shall hold their Offices during good behavior.”
The resolution adds that Congress therefore has the authority “to remove a judge who fails to remain in good behavior while in office.“
Biggs is therefore trying to fire Boasberg for failing to remain in “good behavior,” rather than go through the impeachment process. He will seek a Senate sponsor so that it can become a joint resolution by both houses.
According to the House of Representatives website, “joint resolutions may originate either in the House of Representatives or in the Senate. There is little practical difference between a bill and a joint resolution. Both are subject to the same procedure.”
What People Are Saying
After Trump called for Boasberg to be impeached, Supreme Court Chief Justice John Roberts issued a rare rebuke of the president: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said in a public statement. “The normal appellate review process exists for that purpose.”
What Happens Next
The resolution will pass through the House and the Senate.
However, even if it passes in both houses, it will face a legal challenge.
It is unlikely the federal courts would agree that a judge could be fired for issuing a decision that is unpopular with members of Congress.
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