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.

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House Republicans rally around ‘idiotic’ plan to punish judges

Egged on by wannabe dictator Donald Trump, House Republicans are pushing GOP leadership to let them embark on impeachment proceedings against federal judges who dare to rule against their Dear Leader—a time-consuming and destined-to-fail effort that harms the rule of law and could even wound the Republican Party in elections moving forward.

Multiple Republican lawmakers have filed articles of impeachment against four federal judges who recently ruled against the Trump administration.

“Congress has the constitutional power to impeach rogue activist judges—and we intend to use it,” Republican Rep. Brendan Gill of Texas, who filed articles of impeachment against a federal judge who ordered the Trump administration to turn around planes that were deporting alleged Venezuelan immigrants to a gulag in El Salvador, wrote in a post on X.

House Republicans are pushing for the impeachments to move forward even as Politico reported that some GOP lawmakers view the effort to be “idiotic.”

“You don’t impeach judges who make decisions you disagree with, because that happens all the time,” Republican Sen. John Cornyn of Texas told Politico in early March. “What you do is you appeal, and if you’re right, then you’re going to win on appeal.”

Supreme Court Chief Justice John Roberts

Even Chief Justice John Roberts warned that impeachment is not the way to handle disagreements with judicial decisions.

“We are going to keep the impeachments coming,” Republican Rep. Andy Ogles Tennessee wrote in a post on X. Ogles himself filed articles of impeachment against a judge who ordered the Trump administration to restore websites it had taken down to comply with Trump's executive order targeting “gender ideology extremism.”

But complicating things for Republican leadership is that Trump blessed the impeachment efforts on Tuesday, saying that the judge who tried to block his effort to deport immigrants without due process is a "Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama."

“This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!! WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!” Trump wrote in a deranged Truth Social post.

Co-President Elon Musk, who has threatened to fund primary challenges to Republicans who don’t do what Trump says, also wants judicial impeachments.

“This is a judicial coup. We need 60 senators to impeach the judges and restore rule of the people,” Musk wrote in a post on X on Tuesday after another federal judge ruled against the Trump administration, this time on its attempted ban of transgender troops.

Given that GOP leaders acquiesce to all of Trump's wants, no matter how immoral or unconstitutional, his demand puts them in a difficult place of having to choose what’s right or to make their Dear Leader happy. 

“Everything is on the table,” Russell Dye, a spokesperson for House Judiciary Chair Jim Jordan, told Politico. An unnamed spokesperson to House Speaker Mike Johnson also told Politico that judges “with political agendas pose a significant threat” and that Johnson "looks forward to working with the Judiciary Committee as they review all available options under the Constitution to address this urgent matter.”

Speaker of the House Mike Johnson

But as aides for Johnson publicly said all options are on the table, top GOP aides privately admitted the impeachment route is stupid and will take up time the House needs to pass the rest of Trump’s destructive and unpopular agenda.

“It’s never going to happen,” an unnamed senior Republican aide told Politico. “There aren’t the votes.”

Plus, forcing Republicans to vote on impeachment could be politically damaging for the GOP.

Polling from February—when Republicans began crowing about impeaching judges who ruled against Trump—showed that voters want Trump to follow court orders.

"This court issue is a big loser for Trump," CNN's Harry Enten wrote in a post on X, referring to a Washington Post poll from February. "The belief that Trump must follow court orders is more popular than Mother Teresa: 84% of all adults, 92% of Dems, 82% of Indies & 79% of the GOP."

Other polls have similar findings, including an NBC News survey released Wednesday. It found that a plurality of voters (43%) believe the president and executive branch have too much power, as opposed to the 28% who believe the Supreme Court and judicial branch have too much.

The cherry on top of this for GOP leaders is that their members would be taking potentially damaging votes on impeachment for nothing. The charges would be disposed of in the Senate, where there is no way on earth that two-thirds of the chamber would vote to convict and remove judges. Republicans have just 53 votes there. To impeach a judge, they’d need 14 Democrats to also join in. 

But never put it past Republicans to do stupid things in the name of subservience to Trump.  

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