Reporter’s Notebook: Impeachapalooza is here to stay

And you thought they just wanted to impeach former President Joe Biden.

Maybe former Homeland Security Secretary Alejandro Mayorkas – whom the House did impeach last year.

How about former FBI Director Christopher Wray? Former Attorney General Merrick Garland? Former Secretary of Defense Lloyd Austin?

That is so 2023.

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This is 2025. The Biden administration is long gone.

But the concept of impeachment hasn’t waned for some House Republicans. And even for President Donald Trump.

D.C. Circuit Court Judge James Boasberg ordered a two-week halt to the deportation of Venezuelan gang members after Trump leaned on the Enemy Aliens Act of 1798 to remove them from the U.S.

The president didn’t mention Boasberg by name, but he whipsawed the jurist on social media.

“This judge, like many of the Crooked Judges I am forced to appear before, should be IMPEACHED!!!” wrote President Trump. He characterized Boasberg as a “Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama.”

Elon Musk has pushed for the removal of judges whose rulings run afoul of the administration. But freshman Rep. Brandon Gill, R-Texas, introduced articles of impeachment for Boasberg, accusing him of “high crimes and misdemeanors.”

Gill argues that Boasberg “has done exactly what the Supreme Court commanded not be done.” Gill’s resolution asserts that Boasberg “illegitimately tried to substitute his own judgment for the elected President of the United States.”

There are a total of four federal judges who could face articles of impeachment in the House.

It’s unclear whether this effort could pick up steam. If conservatives wanted to go to the mat, they could try to make their impeachment resolutions “privileged” in the House. That would compel the House to consider such a proposal immediately. It also would go over the head of House Speaker Mike Johnson, R-La.

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Rep. Lauren Boebert, R-Colo., filed articles of impeachment for Biden two years ago. After inaction, Boebert attempted to fast-track her plan, circumventing the GOP leadership – to say nothing of hearings and preparation of the articles in committee. Former House Speaker Kevin McCarthy, R-Calif., argued that impeachment was “too serious” to sidestep the rigorous steps usually undertaken. So, Republican leaders intervened.

Once Boebert’s resolution was up, they moved to euthanize the plan by sending it to the Homeland Security Committee. The full House actually voted on the motion to dispatch the resolution to committee – not on impeachment. Otherwise, the House would have voted on impeaching Mr. Biden on the spot – committee investigation or not.

The motion to send the resolution to committee actually inoculated a lot of Republicans from political angst. They wanted to talk about impeaching Biden. But few actually wanted to impeach Biden.

Impeachment works the same with federal judges as it does with presidents or cabinet secretaries. The House has only impeached four federal judges in the past 36 years. The most recent impeachments were for the late Judge Thomas Porteous and former Judge Samuel Kent – both in 2009.

After the House impeached Porteous, the Senate conducted a short trial and convicted him. That removed Porteous from the bench. The House also impeached Kent, but he resigned before the Senate could conduct a trial to remove him.

Porteous was accused of accepting cash and bribes from lawyers arguing cases before him. A court convicted and sentenced Kent to nearly three years in jail for sexually abusing female employees. The Senate removed neither based on their judicial rulings.

But here is what to watch:

How much pressure will Trump and Musk apply on Johnson to advance the articles of impeachment?

Johnson may have to finesse this. But Gill and other conservatives could attempt to go over the head of the Speaker, making their resolution “privileged.” That is what Boebert did, and it would force the House to tangle with the impeachment articles in some fashion. Republican leaders could move to table the resolution or try to send it to committee. Thus, the actual vote would not be on impeachment but on an issue two steps removed from that.

U.S. Chief Justice John Roberts took the extraordinary step of publishing a statement about impeachment threats.

“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” said Roberts this week.

Fox is told House GOP leaders are anxious about what to expect from conservative lawmakers, stoked by the possibility of impeachment. GOP leaders simply don’t want to burn valuable time on this issue.

But they’d like to talk about it.

Trump supports a bill crafted by Rep. Darrell Issa, R-Calif., titled the “No Rogue Rulings Act.” The bill limits the scope of rulings by U.S. district judges, preventing their decisions from carrying nationwide weight.

“The President wants this,” two White House sources told Fox News’ Liz Elkind.

Issa characterized impeachment as a rather “dull tool” that should be restricted to actual criminality or malfeasance in office – such as the cases with Kent and Porteous. House Republican leaders could also shop the Issa bill to conservatives itching for impeachment as an alternative. However, even if the House were to OK Issa’s legislation, it would likely die in the Senate. It would need 60 votes to clear a filibuster.

By the same token, if the House were to impeach Boasberg or any other judge, pressure mounts on Senate Majority Leader John Thune, R-S.D., to hold an impeachment trial. That could chew up valuable floor time as the Senate tries to wrestle with the complex “budget reconciliation” process to avoid a filibuster on President Trump’s plan to cut taxes and reduce the size of government.

Moreover, a Senate impeachment trial certainly would not result in removal. It takes 67 votes to convict a federal judge and extract them from the bench. That is not going to happen.

But the controversy over rulings of federal judges and President Trump’s executive orders won’t dissipate any time soon. Depending on your metric, federal courts have issued around 50 injunctions to halt various administrative moves by the President. There are anywhere from 130 to 140 total legal challenges floating about the court system.

In 2023 and 2024, lots of conservatives chattered actively about the possibility of impeaching then-President Biden. Some saw it as retribution for the dual impeachments of President Trump. Others knew they could fundraise off impeachment. Maybe score some plaudits on social media. Still, others saw it as good politics in their district. They were happy to talk about impeachment for Biden but not necessarily vote for it. That’s why members looked at low-hanging fruit like Mayorkas. They considered targeting Lloyd Austin and the Afghanistan withdrawal.

Some of the loudest voices in the Republican Party will now clamor for the impeachment of “activist judges.” That is what they say publicly, but public conversations are very different from private ones. And that is why “impeachapalooza” is here to stay in the 119th Congress.