[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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