U.S. Rep. Barry Moore (R-Enterprise) recently joined in filing articles of impeachment against U.S. District Judge James Boasberg for “high crimes and misdemeanors” after recent actions from Boasberg related to President Donald Trump’s deportation initiatives.
Boasberg has served on the District Court for the District of Columbia since 2011. During that time, he made several significant rulings and served on the United States Foreign Intelligence Surveillance Court, also called the FISA Court.
Most recently, Boasberg halted attempts by the Trump administration to remove several Venezuelan nationals under the Alien Enemies Act of 1798 to deport suspected members of the criminal gang Tren de Aragua, a designated Foreign Terrorist Organization.
Boasberg halted the attempt, delaying implementation until a further hearing could occur after several people brought a suit, claiming they feared deportation.
The articles of impeachment filed by U.S. Rep. Brandon Gill (R-Texas) accuse Boasberg of using his position for political gain and acting unlawfully by interfering with Trump’s invocation of the Alien Enemies Act.
“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 articles read.
Citing a U.S. Supreme Court ruling in Ludecke V. Watkins, lawmakers argue Boasberg acted unlawfully by interfering in Trump’s usage of the Alien Enemies Act.
“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 ‘[it is not for [courts] to question’ the President's determinations under the Alien Enemies Act because ‘[t]hese are matters of political judgment for which judges have neither technical competence nor official responsibility.’"
It continues, “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.”
Moore boasted of his signing on to the bill, slamming Boasberg as an “activist” judge.
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