(WASHINGTON) — Supreme Court Chief Justice John Roberts pushed back against calls from President Donald Trump — and some House Republicans — to impeach a judge whose ruling conflicted with the Trump administration’s deportation plans.
Roberts issued a rare statement on Tuesday after Trump hurled insults at the federal judge who conducted a “fact-finding” hearing on Monday over whether the Trump administration knowingly violated a court order when it handed over more than 200 alleged gang members to El Salvadoran authorities over the weekend.
In a post on his social media network on Tuesday morning, Trump called U.S. District Judge James Boasberg “crooked” and suggested that he should be impeached.
“This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!” Trump wrote. “WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY.”
Roberts rebuked Trump’s comments.
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said in the statement. “The normal appellate review process exists for that purpose.”
The statement signals a stark difference in opinion between the judicial and executive branches.
Republican freshman Rep. Brandon Gill of Texas filed articles of impeachment against Boasberg on Tuesday. Five other GOP lawmakers signed on as a co-sponsors of the bill, though House GOP leaders have not said yet if they plan to hold a vote on the impeachment articles.
Congress can impeach a judge if a simple majority is reached in the House. If the articles were taken up and ultimately clear the House, the Senate would need to hold a trial. It would require a two-thirds majority vote in the upper chamber to convict a judge.
It’s rare, but not unprecedented, for members of Congress to file articles of impeachment against a judge.
In February, Rep. Eli Crane filed articles of impeachment against District Judge Paul Engelmayer, who issued a sweeping restriction on the Department of Government Efficiency’s access to sensitive Department of Treasury payment systems. More than a dozen judges have been impeached in U.S. history and only a handful have been convicted.
Trump argued on Tuesday that he should not be prevented from carrying out his immigration agenda, saying in his social media post, “I’m just doing what the VOTERS wanted me to do.”
Trump’s comments about Boasberg came after the federal judge blocked the Trump administration from deporting any noncitizens after the president’s recent proclamation invoking the Alien Enemies Act to deport alleged members of the Venezuelan gang Tren de Aragua.
Boasberg, in verbal instructions during a hearing on Saturday, gave orders to immediately turn around two planes carrying noncitizens if they are covered by his order, including one that potentially took off during a break in the court’s hearing. However, sources said top lawyers and officials in the administration made the determination that since the flights were over international waters, Boasberg’s order did not apply, and the planes were not turned around.
On Monday, Boasberg questioned whether the Trump administration ignored his orders to turn the planes around, saying it was “heck of a stretch” for them to argue that his order could be disregarded.
Deputy Associate Attorney General Abhishek Kambli argued Monday during the “fact-finding” hearing convened by Boasberg that the judge’s directive on Saturday evening to turn around the flights did not take effect until it was put in writing later that evening.
Boasberg ordered the Justice Department to submit, by noon Tuesday, a sworn declaration of what they represented in a filing Monday — that a third flight that took off after his written order on Saturday carried detainees who were removable on grounds other than the Alien Enemies Act.
ABC News’ Devin Dwyer, Lauren Peller and Sarah Beth Hensley contributed to this report.
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