Removing James E. Boasberg, Chief Judge of the United States District Court for the District of Columbia, for failure to remain in good behavior pursuant to section 1 of article III of the Constitution.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 270 Introduced in House (IH)]

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119th CONGRESS
  1st Session
H. RES. 270

 Removing James E. Boasberg, Chief Judge of the United States District 
   Court for the District of Columbia, for failure to remain in good 
   behavior pursuant to section 1 of article III of the Constitution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 2025

Mr. Biggs of Arizona (for himself, Mr. Clyde, Mr. Higgins of Louisiana, 
     Mr. Nehls, Mrs. Luna, and Mr. Crane) submitted the following 
    resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
 Removing James E. Boasberg, Chief Judge of the United States District 
   Court for the District of Columbia, for failure to remain in good 
   behavior pursuant to section 1 of article III of the Constitution.

    Resolved, That James E. Boasberg, Chief Judge of the United States 
District Court for the District of Columbia, is removed for failing to 
maintain the standard of good behavior required of judges under section 
1 of article III of the Constitution, and that the following article of 
removal be exhibited to the United States Senate.
     Article of removal 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 removal of him for failing to remain in 
good behavior.

                       article i: abuse of power

    
    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.
    The Constitution grants Congress the authority to create, 
eliminate, and regulate all Federal courts inferior to the Supreme 
Court. Section 1 of article III of the Constitution provides that 
``[t]he Judges, both of the supreme and inferior Courts, shall hold 
their Offices during good Behavior,'' thereby granting Congress the 
authority to remove a judge who fails to remain in good behavior while 
in office.
    The Constitution grants the President broad and expansive powers 
over the conduct of foreign policy and to ensure national security 
against foreign threats. The Supreme Court has ruled that the power to 
conduct foreign affairs is a political power which is largely beyond 
the scope of judicial inquiry or decision. As such, outside questions 
of the constitutionality of a provision or action, the Constitution 
places foreign policy decisions by the President and Congress beyond 
the scope of review by the courts along with actions taken pursuant to 
those decisions.
    In 1798, Congress passed the Alien Enemies Act (50 U.S.C. 21-24), 
which authorizes the President to make a public proclamation 
designating members of a foreign nation or government liable for 
apprehension and removal as alien enemies of the United States. The Act 
gives the President sole authority to determine the manner of the enemy 
aliens' restraint and removal as well as to establish any regulations 
which are necessary to ensure public safety.
    On March 15, 2025, President Donald J. Trump issued a proclamation 
declaring that all Venezuelan citizens who are members of the 
organization known as Tren de Aragua are liable to be apprehended and 
removed under the Alien Enemies Act due to the threat the organization 
poses to the United States and its clear entanglement with the 
government of Venezuela. Furthermore, due to the severity of Tren de 
Aragua's crimes against the United States, the President declared that 
members of Tren de Aragua are ineligible for the benefits of section 22 
of the Act and are therefore liable to immediate apprehension and 
removal. Pursuant to this declaration, the President directed the 
Attorney General and the Secretary of Homeland Security to immediately 
take steps necessary to begin the apprehension and removal of members 
of Tren de Aragua who are present within the United States.
    Despite the broad authority given by the Constitution to the 
President when conducting matters of foreign affairs and national 
security, and the clear authority given to the President under the 
Alien Enemies Act, James E. Boasberg knowingly interfered with the 
President's execution of foreign policy by ordering the return of 
members of a designated foreign terrorist organization to the United 
States. To justify his action, Boasberg cited questions concerning the 
interpretation of certain words and phrases which are intimately tied 
to the President's foreign policy powers and therefore beyond the scope 
of review of the courts. In doing so, James E. Boasberg knowingly 
extended beyond the bounds of power of his office and unjustly 
interfered in the execution of foreign policy and national security for 
partisan purposes of halting the implementation of the President's 
foreign policy and for political gain. Furthermore, James E. Boasberg 
has failed to disclose payments received from non-federal sources and 
abused his discretion during his term on the Foreign Intelligence 
Surveillance Court.
     Accordingly, under the good behavior clause of section 1 of 
article III, these actions of James E. Boasberg constitute misbehavior 
and render him liable for removal from office.
     Wherefore, James E. Boasberg, by his conduct has failed to remain 
in good behavior should be removed from office and no longer be 
considered a judge of the United States.
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