Impeachment rebuke: Chief Justice John G. Roberts
Jr. issued a rare public statement to rebuke an idea raised by President Trump
hours after the president said a federal judge hearing a deportation case
should be impeached. “Impeachment is not an appropriate response to
disagreement concerning a judicial decision,” he wrote, after Mr. Trump said
the judge, James E. Boasberg, should be removed. The judge has been trying to
determine whether the White House ignored a court order.
Adam Liptak
Adam
LiptakReporting from Washington
https://www.nytimes.com/live/2025/03/18/us/trump-president-news
The chief
justice rarely issues public statements.
Just hours
after President Trump called for the impeachment of a judge who sought to pause
the removal of more than 200 migrants to El Salvador, Chief Justice John G.
Roberts Jr. issued a rare public statement.
“For more
than two centuries,” the chief justice said, “it has been established that
impeachment is not an appropriate response to disagreement concerning a
judicial decision. The normal appellate review process exists for that
purpose.”
Mr. Trump
had called the judge, James E. Boasberg, a “Radical Left Lunatic” in a social
media post and said he should be impeached. On Saturday, Judge Boasberg ordered
the administration to return planes carrying migrants said to be members of a
Venezuelan gang to the United States while he considered whether their removal
was lawful. The planes did not turn around.
The case has
emerged as a flashpoint in a larger debate over presidential power and the role
of the courts in reviewing the actions of the executive branch. The chief
justice’s statement did not take sides on that debate, and he has often taken a
broad view of the president’s authority, notably in his majority opinion in
July granting Mr. Trump substantial immunity from prosecution.
His
statement instead made a modest point. But it came in the face of rising calls
for impeachment not just by Mr. Trump but also by his network of supporters,
which has complained that judges have blocked a series of the president’s
initial policy moves.
The correct
reaction to a ruling that a party disagrees with, the chief justice wrote, is
to file an appeal.
Just weeks
ago, Chief Justice Roberts’s point would have been uncontroversial. There is no
modern tradition of impeaching judges for their rulings. Just eight federal
judges have been impeached, convicted and removed in the history of the
country, most for egregious criminal and personal behavior.
It takes
just a majority vote in the House of Representatives to impeach a judge or
other official. But two-thirds of the Senate must vote to convict, meaning its
Republican members would need substantial support from Democrats.
That math
makes clear that the talk of impeachment is largely performative.
Still,
Representative Brandon Gill, Republican of Texas, said on social media on
Tuesday that he had filed articles of impeachment against Judge Boasberg,
asserting that the judge’s rulings amounted to “high crimes and misdemeanors.”
Chief
Justice Roberts’s statement on Tuesday was reminiscent of two earlier ones.
In 2018, he
defended the independence and integrity of the federal judiciary after Mr.
Trump called a judge who had ruled against his administration’s asylum policy
“an Obama judge.”
The chief
justice said that was a profound misunderstanding of the judicial role.
“We do not
have Obama judges or Trump judges, Bush judges or Clinton judges,” he said in a
statement then. “What we have is an extraordinary group of dedicated judges
doing their level best to do equal right to those appearing before them. That
independent judiciary is something we should all be thankful for.”
Two years
later, he denounced Senator Chuck Schumer of New York, the Democratic leader,
for comments at a rally outside the Supreme Court.
Mr. Schumer,
speaking while the court heard arguments in a major abortion case, attacked two
of Mr. Trump’s appointees, Justices Neil M. Gorsuch and Brett M. Kavanaugh.
“You have released the whirlwind, and you will pay the price,” Mr. Schumer
said. “You will not know what hit you if you go forward with these awful
decisions.”
Chief
Justice Roberts condemned those remarks.
“Justices
know that criticism comes with the territory, but threatening statements of
this sort from the highest levels of government are not only inappropriate,
they are dangerous,” he said in a statement. “All members of the court will
continue to do their job, without fear or favor, from whatever quarter.”
Mr. Schumer
walked his comments back the next day, saying he had meant there would be
political consequences.
In his
year-end report on the state of the federal judiciary, issued weeks before Mr.
Trump took office, the chief justice seemed to anticipate some of what was
coming.
“Attempts to
intimidate judges for their rulings in cases are inappropriate and should be
vigorously opposed,” Chief Justice Roberts wrote. “Public officials certainly
have a right to criticize the work of the judiciary, but they should be mindful
that intemperance in their statements when it comes to judges may prompt
dangerous reactions by others.”
Mr. Trump
did not square his attack on Judge Boasberg with comments he made last week
while visiting the Justice Department. Then, he complained about people who
have criticized judges, declaring that “it has to stop, it has to be illegal,
influencing judges.”
In that
case, he was complaining about criticisms of Judge Aileen M. Cannon, who had
dismissed one of the criminal cases that had been pending against him.
Later
Tuesday, Laura Ingraham, the Fox News host, taped a segment with President
Trump to air on her nightly show. Ingraham asked the president about the chief
justice’s statement. “Well, he didn’t mention my name in the statement,” Trump
said. “I just saw it quickly. He didn’t mention my name.”
He vowed
that he wouldn’t defy a court order, but then said, “We have very bad judges,
and these are judges that shouldn’t be allowed.”
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