Trump asked a judge to be charged. What to know – and why the withdrawal is unlikely

Washington – President Trump joined the growing choir of calls to punish federal judges that go to his administration this week. But dismissal and abolition are unlikely under the current composition of the congress.

The recent calls to dismiss federal judges increased earlier this week when Trump posted on social networks that an American district judge supervising the efforts of his administration to expel Venezuelan migrants suspected of being gang members should be dismissed.

While Mr. Trump's attack has marked the first time that he called for the dismissal of a judge, his republican allies and Elon Musk, a main adviser to the White House, denounced for weeks members of the judiciary who supervised the myriad of legal challenges to the policy of the president and reigned against the administration.

In the Chamber, a small group of harsh republican legislators on the right has introduced or signed resolutions to dismiss four of these judges. If it is unlikely that efforts gain enough traction to lead to their moves, they have rekindled the debate on the dismissal and the high bar for the withdrawal for high crimes and crimes.

The GOP calls to dismiss a federal judge

The president called for the dismissal of the American district judge James Boasberg in an article on social networks on Tuesday, saying without appointing him that “this judge, like many twisted judges, I am forced to appear before, should be dismissed!”

The White House press secretary Karoline Leavitt continued the attacks on Boasberg and other judges who made preliminary decisions against the administration.

“The judges of this country act by mistake,” she told journalists during a press briefing. “We have judges who act as militants supporting the bench. They are trying to dictate the policy of the President of the United States. They try to clearly slow down the agenda of this administration and it is unacceptable.”

Leavitt said that the president “clearly said he thought this judge in this case should be charged.” She noted that the White House will comply with the judicial orders and the calls of the Mount of unfavorable decisions, as has done so far, but accused the judges of having undermined the will of the Americans who voted for Mr. Trump.

President Trump listens to the main house advisor, Tesla and the CEO of SpaceX, Elon Musk, talks next to a Tesla Cyber ​​Truck and an S model on the South White House lawn on March 11, 2025 in Washington, DC. Andrew Harnik / Getty images

The first year representative Brandon Gill, a Texas Republican, filed on Tuesday picking up articles against Boasberg after Mr. Trump's post, alleging on social networks that Boasberg “is guilty of high crimes and crimes and should be removed from his functions.” Five Republicans signed the indictment articles as co -workers.

Distribution resolutions were also introduced against the judges of the American district Paul Engelmayer, John Bates and Amir Ali. GOP representative Andrew Clyde of Georgia said last month that he was going to write articles of dismissal against the American district judge John McConnell, but they do not seem to have been deposited.

How does dismissal work?

Under the Constitution, the basis of dismissal is “high crimes and crimes”. It is very unlikely that judges who are targeting the resolutions of indictment have encountered this high obstacle.

As with presidential dismissal, the power to dismiss, condemn and withdraw the judges falls to the congress. While the Chamber has a power of indictment, under the Constitution, the Senate is responsible for holding a trial to determine if the officials dismissed are guilty and should be removed from their post.

After the legislators have brought articles of dismissal to the Chamber, the articles must be adopted by a simple majority of dismissal. The Chamber then transmits the articles of indictment to the Senate, which has the “only power” under the Constitution to hold a trial which could lead to the conviction and the withdrawal of its functions.

But the Senate has a high bar of conviction, with a majority of two thirds required. Although the Republicans have a majority in the upper room, with 53 seats, which does not fall under the 67 senators necessary to find a guilty official and remove them from its functions.

The next stages of the Congress

How the leaders of the congress are seen.

The chief of staff of the White House, James Blair, told Politico that “it will be up to the speaker” to determine what can be adopted and to continue the dismissal procedure, while noting that the president “highlights a critical problem”.

“I think the president is right, we have to welcome activists, partisan judges,” said Blair. “The question is, will it happen?”

The president of the Mike Johnson Chamber would have a number of choices if the legislators choose to force a vote with a privileged resolution, in particular by putting the articles of accusation for a risky vote, by organizing a vote to file the measure or by referring it to the committee.

A resolution of indictment would be returned to the judicial committee of the Chamber for an investigation, where the hearings would probably be held before advancing the articles of indictment before the full chamber. The president of the panel, representative Jim Jordan de l'Ohio, told CNN on Wednesday for the Republicans of the Chamber and the Judicial Committee, “all the options are still on the table”.

The indictment procedure would probably consume a precious time and attention that the Republicans of the Congress hope to reserve for a massive budgetary which would allow the president to implement a large part of his program.

When asked if a charging trial could hinder the White House agenda, Blair said that he doubted that “a lot of time on the ground will be devoted to something if they strongly have the impression that they could not get the votes”.

How has the dismissal been used against judges in the past?

According to the Federal Judicial, 14 federal judges and a federal judge and a federal judge were dismissed by the Chamber and eight were welcomed by the Senate and removed from his functions.

Who are the targeted judges for dismissal?

The Republicans introduced dismissal resolutions against four judges on the American district courts after making preliminary decisions against the Trump administration.

Paul Engelmayer: judge of the American district court of the South District of New York, Engelmayer was appointed by former President Barack Obama in 2011 and confirmed 98-0 by the Senate. The resolution of indictment against against him affirms that he “is committed to a legal fault” because he temporarily prevented the officials of the administration of Trump from accessing the sensitive databases of the Treasury Department last month. Amir Ali: Ali was seated at the District Court of Washington, DC, and was appointed by former president Joe Biden. The Senate confirmed it during a vote of 50-49. Ali supervises a challenge to Mr. Trump's frost on foreign assistance and issued a temporary order which forced the administration to restore funding for foreign aid and other prices while the legal proceedings have advanced. John Bates: Appointed before the District Court of Washington, DC, by former president George W. Bush in 2001, the appointment of Bates was approved by the Senate in a unanimous vote 97-0. The long -standing judge chairs two challenges involving Mr. Trump's policies, including a challenge to the abolition of certain information on the health of the websites of the Ministry of Health and Social Services. In February, he ordered the restoration of the deleted web pages while the case is advancing. James Boasberg: Boasberg, judge of the US district court in the national capital, was submitted to Mr. Trump's most ferocious attacks and his allies after temporarily preventing the administration from using the Extraterrestrial Enemies Act to withdraw immigrants. He was appointed to the Federal District Court by Obama in 2011 and confirmed 96-0, but began his career on the bench as a judge of the DC Superior Court, to which he was appointed by former president George W. Bush. What do the judges say?

After Mr. Trump's call for Boasberg to be dismissed, chief judge John Roberts, the head of federal judiciary, published a rare declaration reprimands the attack.

“For more than two centuries, it has been established that indictment has not been an appropriate response to disagreement concerning a court decision. The normal appeal examination process exists for this purpose,” said the chief judge.

Although Roberts' Declaration has been rare, it is not the first time that he has expressed himself in response to the animated comments of politicians.

In March 2020, the chief judge denounced the comments of the head of the Senate minority, Chuck Schumer, a Democrat in New York, made before the Supreme Court as “inappropriate” and “dangerous”.

“The judges know that criticism comes from the territory, but threatening declarations of this type of the highest levels of government are not only inappropriate, they are dangerous,” said Roberts in the press release published by the Supreme Court.

In 2018, he postponed the comments that Trump made during his first mandate on a judge who ruled against one of his asylum policies. The president described the judge “Obama judge”.

The United States has not “the judges of Obama or the judges of Trump, the judges of Bush or the judges of Clinton. What we have is an extraordinary group of dedicated judges making their best to do an equal right to those who present them before them,” he said.

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Kaia Hubbard

Kaia Hubbard is a political journalist for CBS News Digital, based in Washington, DC

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