Impeaching James E. Boasberg, United States District Court Chief Judge for the District of Columbia, for high crimes and misdemeanors.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 229 Introduced in House (IH)]

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119th CONGRESS
  1st Session
H. RES. 229

Impeaching James E. Boasberg, United States District Court Chief Judge 
    for the District of Columbia, for high crimes and misdemeanors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 2025

 Mr. Gill of Texas (for himself, Mr. Crane, Mr. Collins, Mr. Carter of 
 Georgia, Mr. Moore of Alabama, and Mr. Clyde) submitted the following 
    resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Impeaching James E. Boasberg, United States District Court Chief Judge 
    for the District of Columbia, for high crimes and misdemeanors.

    Resolved, That James E. Boasberg, Chief Judge, United States Court 
for the District of Columbia, is impeached for high crimes and 
misdemeanors, and that the following article of impeachment be 
exhibited to the United States Senate.
     Article of impeachment exhibited by the House of Representatives 
of the United States of America in the name of itself and of the people 
of the United States of America, against James E. Boasberg, Chief 
Judge, United States District Court for the District of Columbia, in 
maintenance and support of its impeachment against him for high crimes 
and misdemeanors.

                       article i: abuse of power

    
    Chief Judge Boasberg, in violation of his oath of office, did 
knowingly and willfully use his judicial position to advance political 
gain while interfering with the President's constitutional prerogatives 
and enforcement of the rule of law.
    The Constitution provides that the House of Representatives ``shall 
have the sole Power of Impeachment'' and that ``civil Officers of the 
United States,'' including Federal Judges, are subject to impeachment 
and removal.
    Further, the separation of powers under the Constitution grants the 
President broad authority over the executive branch, including 
authority to protect the nation, as part of his role in ensuring the 
administration of laws, including the Alien Enemies Act, and policies 
of the United States.
    The Alien Enemies Act commits to the President's sole and 
unreviewable discretion the authority to invoke the provisions of the 
Act, including the power to determine whether an invasion has taken 
place. As the Supreme Court has explained, for a court to second-guess 
a President's determination under the Alien Enemies Act ``would be 
assuming the functions of the political agencies of the Government'' 
and ``[i]t is not for [courts] to question'' the President's 
determinations under the Alien Enemies Act because ``[t]hese are 
matters of political judgement for which judges have neither technical 
competence nor official responsibility.'' Ludecke Y. Watkins, 335 U.S. 
160(1948). Yet, notwithstanding this binding precedent from the highest 
court in the land, Chief Judge Boasberg has done exactly what the 
Supreme Court command not be done, and has illegitimately tried to 
substitute his own judgement for that of the elected President of the 
United States, thereby usurping the role of the Executive and 
unilaterally taking upon himself the power and authority of the 
President.
    Through his conduct, in which he violated his oath to the 
Constitution and duty of impartiality to the people of the United 
States, Chief Judge Boasberg has abused the powers of his judicial 
authority, having engaged in actions that prioritize political.gain 
over the duty of impartiality owed to the public and litigants as 
follows:
            (1) Chief Judge Boasberg has prevented President Trump from 
        removing aliens associated with Tren de Aragua, a designated 
        Foreign Terrorist Organization from the United States.
            (2) Chief Judge Boasberg required President Trump to turn 
        around planes midair that had aliens associated with Tren de 
        Aragua, a designated Foreign Terrorist Organization.
    This conduct jeopardizes the safety of the nation, represents an 
abuse of judicial power, and is detrimental to the orderly functioning 
of the judiciary. Using the powers of his office, Chief Judge Boasberg 
has attempted to seize power from the Executive Branch and interfere 
with the will of the American people.
    In so doing, Chief Judge Boasberg used the powers of his position 
to engage in actions that overstep his judicial authority. By making a 
political decision outside the scope of his judicial duties, he 
compromised the impartiality of our judicial system and created a 
constitutional crisis.
    Wherefore, Chief Judge Boasberg is guilty of high crimes and 
misdemeanors and should be removed from office.
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