In case this needs to be said, Hill Republicans won’t be successful if they try to remove a federal judge from the bench for ruling against President Donald Trump.
Period. Hard stop.
With the Democratic Party’s travails and the long list of legislative items the GOP has, it’s somewhat befuddling to us that Republicans are even going down this path. When your opponent is sinking, it’s a rule of thumb not to offer them a life raft.
But members of Congress – especially those who represent deep red districts – oftentimes don’t work with logical incentive structures.
That brings us to House Speaker Mike Johnson. Johnson, as we’ve seen over the last few months, is inclined to support what Trump wants more often than not. Trump and key allies like billionaire Elon Musk have said that judges who oppose the president’s priorities – or, in their view, overstep their judicial authority – should be removed from the bench.
Let’s be clear. The House Republican leadership doesn’t think it’s wise to begin impeachment proceedings against Judge James Boasberg. Privately, most GOP lawmakers don’t think it’s a smart move. It won’t pass.
But let’s talk about Johnson’s options if Republicans do go down this path.
Remember: Should freshman Rep. Brandon Gill (R-Texas) force a vote on impeaching Boasberg, the resolution would be privileged, which means House Republican leadership would have two days to decide what to do with it.
1) Refer it to committee. This is a tried and true method in House leadership – send the impeachment resolution to the House Judiciary Committee. The panel would then hold hearings on the measure and decide whether Boasberg has, in fact, committed high crimes and misdemeanors. Spoiler alert: Boasberg almost certainly hasn’t, at least by any traditional definition.
This would throw the issue to Judiciary Committee Chair Jim Jordan (R-Ohio). Jordan has a ton of staff – he can handle it.
Jordan appeared on CNN’s “The Arena with Kasie Hunt” Wednesday afternoon and said he plans to hold hearings on the subject. When asked whether impeachment is the appropriate remedy, Jordan replied:
“All options are still on the table. We’re going to do some research, we’re going to dig into this, and we’re going to find out. And then, I think when you really step back, Kasie, and look at how stupid the decision was by this judge, I mean, [Boasberg] basically said — well, not basically, he did say, turn the plane around, bring back gang members, hardened criminals, who’ve done all kinds of bad things, who are here illegally. Turn the plane around and bring those bad guys back to the country. I think just on its face, this is ridiculous. And so, it sure looks like the judge is acting in a political fashion.”
Jordan also said there may be “another legislative remedy” besides impeachment. Republicans are already pushing legislation limiting the scope of injunctions by federal judges.
2) Table it. Another option Johnson has is to try to table the measure. This vote, held at a simple majority threshold, is politically charged. It essentially forces lawmakers to cast a vote on whether they should dispense with impeachment proceedings. The House may table it, but this isn’t a preferred option in the GOP leadership. A vote to table would be seen as a vote against Trump for any Republican moderates.
3) Roll the dice and let the House vote. Johnson could just let a vote happen without any motion to delay. The House would likely reject impeachment and it would divide the Republican Conference.
