WASHINGTON — Republican senators on Wednesday increased their scrutiny of federal judges whose rulings they've opposed, with some pushing for them to be impeached.
Attention at the Senate Judiciary Committee hearing focused on two judges: Washington-based U.S. District Judge James Boasberg and Maryland-based Deborah Boardman, both of whom have fallen foul of MAGA world.
Articles of impeachment naming both Boasberg and Boardman have already been introduced in the Republican-controlled House, but no further steps have yet been taken.
Sen. Ted Cruz, R-Texas, who chaired Wednesday's hearing, urged the House to move forward on impeachment proceedings.
"Both of these judges, I believe, meet the standard for impeachment and for conviction and removal from office," he said.
Eric Schmitt, R-Mo., who has already called for Boasberg to be impeached, described him at the hearing as “the embodiment of a rogue judge.”
Boasberg has “made it clear time and time again in his rulings and his comments that he, instead of wearing that black robe, wears, in fact, a blue jersey. He has continually abused the power as chief judge,” Schmitt added.
Boasberg has angered Republicans on multiple fronts, but the impeachment rhetoric has focused on his approval of an order that prevented GOP senators including Cruz from knowing about the targeting of their phone records as part of the investigation into President Donald Trump's attempt to overturn the results of the 2020 election, culminating in the Jan. 6, 2021, attack on the Capitol.
Boardman has faced the ire of Republicans over her decision to sentence a woman who pleaded guilty to attempting to kill Supreme Court Justice Brett Kavanaugh to eight years in prison. They believe the sentence should have been significantly longer.
Both judges were appointed to their current positions by Democratic presidents.
The impeachment process involves articles of impeachment being introduced in the House and advanced to a final vote on the House floor. If approved, proceedings move to the Senate, where a trial is held. A two-thirds majority is required for the person to be removed from office.
Sen. Mike Lee, R-Utah, criticized Boardman for treating the Kavanaugh sentencing as an “ordinary criminal case.”
He accused both Boardman and Boasberg of "breaches of the public trust that have the ability to circumvent the constitutional order."
Democrats on the Judiciary Committee noted that judges are not generally impeached when lawmakers disagree with their rulings.
“Impeachment is a remedy for actual misconduct,” said Sen. Sheldon Whitehouse, D-R.I.
Chief Justice John Roberts made a similar point last year when Trump suggested Boasberg should be impeached for blocking the deportation of Venezuelan migrants.
“For more than two centuries, 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,” Roberts said in a rare statement.
Trump and other Republicans have harshly criticized judges who have ruled against the administration in the last year at a time of rising security threats against the judiciary.
Whitehouse said the committee hearing was part of a “MAGA coordinated strategy to bring pressure and threats to bear on a federal judge.”
If the Senate is investigating potential impeachments, Whitehouse said, it should focus its attention on Justice Clarence Thomas, who has faced claims that he did not follow ethics rules.
Sen. Mazie Hirono, D-Hawaii, also pushed back on the Republican rhetoric.
"This hearing is not about supposedly judicial misconduct. It is about intimidating and threatening judges who have the temerity to apply the law to Donald Trump," she said.
