Why Republicans plan to impeach judges who haven't done anything wrong
Congressional Cowards is a weekly series highlighting the worst Donald Trump defenders on Capitol Hill, who refuse to criticize him—no matter how disgraceful or lawless his actions.
Republicans in the House and Senate were quick to follow Donald Trump's March 18 orders to impeach federal judges who ruled against his illegal actions.
But when pressed about which high crimes and misdemeanors the judges committed to warrant such an extreme measure, Republicans had no good answer.
Instead, the only "crime" they came up with was that the judges didn't let the lawless president trample over the Constitution to do whatever he wants, whether that be deporting immigrants without due process; letting co-President Elon Musk and his Department of Government Efficiency bros access sensitive government systems, shut down federal agencies, and chaotically fire federal employees; or remove health data from government websites because it was tangentially related to “gender identity.”
For example, CNN host Kasie Hunt asked Rep. Jim Jordan of Ohio what “high crimes or misdemeanors” these judges committed.
Jordan replied with what can only be described as verbal diarrhea.
“All I’m saying is, if you’re acting in a political fashion and not just following the law, the ruling on the law, and I would argue that frankly just his ruling in and of itself, remember the Constitution is pretty clear, Article II Section I, very first sentence, says the power in the executive branch shall be vested in a president of the United States. The president has the authority,” Jordan said.
Of course Jordan left out that Article III of the Constitution says that judicial power extends to “all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States”—which is what the judges were doing when plaintiffs argued that the Trump administration was violating U.S. laws while carrying out its destructive agenda.
Rep. Brendan Gill of Texas, who filed articles of impeachment against the judge who tried to stop Trump’s illegal deportations of Venezuelan immigrants (an order the Trump administration ignored), was also asked which impeachable offenses the judge committed—and had a terrible response.
“This is for usurping the executive's authority, for demeaning the impartiality of the court by making a politicized ruling, and forcing a constitutional crisis,” Gill said on Newsmax. “That is a high crime and misdemeanor.”
Other Republicans also backed Trump and Musk’s call to impeach judges who rule against the administration.
“America is a Republic, not a dictatorship of the judiciary. It's time to get rid of the political activists masquerading as judges and re-establish proper separation of powers,” Rep. Anna Paulina Luna of Florida wrote in a post on X. “That's why I'm proud to announce that I will be joining my colleagues in impeaching ALL the activist judges who are unconstitutionally blocking President Trump's agenda.”
And Sen. Josh Hawley of Missouri said he was going to introduce a law that would ban judges from being able to order nationwide injunctions.
“District Court judges have issued RECORD numbers of national injunctions against the Trump administration - a dramatic abuse of judicial authority. I will introduce legislation to stop this abuse for good,” Hawley said, without acknowledging that maybe it’s because no other administration has ever initiated so many lawless actions that violate the Constitution.
Senate Judiciary Committee Chair Chuck Grassley didn’t explicitly say he supported impeaching the judges, but he made it clear he believes what the judges did was wrong—and will use his powerful committee to go after those judges.
“Another day, another judge unilaterally deciding policy for the whole country. This time to benefit foreign gang members,” Grassley wrote in a post on X. “If the Supreme Court or Congress doesn’t fix, we’re headed towards a constitutional crisis. Senate Judiciary Cmte taking action.”
And it seems that Musk read Grassley’s comment as being supportive of impeachment, because after Trump’s demand to impeach the judges, Musk donated to Grassley and six other Republicans who have supported the effort to boot them, The New York Times reported.
From the Times’ report:
Mr. Musk contributed on Wednesday to Representatives Eli Crane of Arizona, Lauren Boebert of Colorado, Andy Ogles of Tennessee, Andrew Clyde of Georgia, Derrick Van Orden of Wisconsin and Brandon Gill of Texas. He also donated to Senator Charles E. Grassley, Republican of Iowa, according to two of the people briefed on the matter.
“This is a judicial coup,” Musk wrote on X of a court ruling that blocked Trump from banning transgender people from the military. “We need 60 senators to impeach the judges and restore rule of the people.”
Of course, it takes 67 senators to impeach—a fact you’d think Musk, who Trump and Republicans have framed as a genius, would know.
Ultimately, this impeachment effort is futile.
Even if House Republicans somehow succeed in impeaching these judges, there is no way that Democratic senators would vote to convict and remove them in an impeachment trial.
The end result of this ridiculous posturing: making judges fear for their own safety as they receive death threats for their legally sound rulings, thanks to Republicans’ vile rhetoric.