Representative Andy Biggs (R-AZ) has filed a resolution to remove U.S. District Court Judge James E. Boasberg for failing to uphold the Constitution’s “good behavior” clause—without requiring the traditional two-thirds Senate vote.
The resolution, submitted in the House of Representatives, alleges Judge Boasberg—currently Chief Judge of the powerful United States District Court for the District of Columbia—knowingly abused his position to interfere with the constitutional authority of President Donald Trump.
The resolution declares Judge Boasberg’s conduct a breach of constitutional order, particularly his unlawful meddling in President Trump’s lawful directive to deport members of Venezuela’s notorious Tren de Aragua gang under the Alien Enemies Act.
On March 15, 2025, Trump issued a proclamation invoking the 1798 law to expel these violent foreign operatives, citing threats to public safety and national security.
Instead of supporting the executive branch’s effort to secure the homeland, Boasberg allegedly stepped in to block the deportations—effectively undermining a sitting president’s constitutional authority to defend America from foreign enemies.
The article of removal also raises grave concerns about Boasberg’s prior conduct as a FISA court judge, suggesting that he misused his discretion and failed to disclose payments from outside sources. These actions, Biggs asserts, further prove Boasberg is unfit to serve on the bench.
“James E. Boasberg knowingly extended beyond the bounds of power of his office and unjustly interfered in the execution of foreign policy and national security for partisan purposes of halting the implementation of the President’s foreign policy and for political gain,” according to the resolution.
Furthermore, James E. Boasberg has failed to disclose payments received from non-federal source and abused his discretion during his term on the Foreign Intelligence Surveillance Court.”
Now, Rep. Biggs seeks to bypass the cumbersome impeachment process—typically requiring a two-thirds Senate vote—by invoking Congress’s inherent authority under Article III, Section 1 of the Constitution.
It’s a direct shot across the bow at activist judges who think they can trample the will of the American people and the duly-elected President, Donald Trump.
According to the press release:
Congressman Andy Biggs (R-AZ) introduced a resolution to remove James Boasberg, Chief Judge of the United States District Court for the District of Columbia, for failure to maintain the standard of good behavior required by the U.S. Constitution.
Article III, Section 1 of the Constitution gives Congress the authority to establish all federal courts inferior to the U.S. Supreme Court, and establishes that judges may only hold their positions during good behavior. This provision is separate and distinct from Congress’s authority to impeach civil officers for “Treason, Bribery, or other high Crimes and Misdemeanors.”
As detailed in the resolution, Judge James Boasberg knowingly and unjustly interfered with President Trump’s execution of foreign policy and targeted President Trump for partisan purposes and political gain. Under the Good Behavior Clause, Boasberg’s actions constitute misbehavior and subject him to removal from office.
“We cannot stand by while activist judges who incorrectly believe they have more authority than the duly-elected President of the United States, impose their own political agenda on the American people,” said Congressman Biggs.
“I have cosponsored resolutions to impeach Judge Boasberg. His removal from office via impeachment, however, will undoubtedly be blocked by Democrats in the Senate, since it requires a two-thirds majority. My resolution, on the other hand, asserts, pursuant to Article III, Section 1, that rogue judges may be removed the same way we confirm them—by a simple majority.
“Judge Boasberg abused his judicial authority for political gain and is not in compliance with the constitutional Good Behavior Clause. He must not be permitted to remain in his position. Congress has a duty to fulfill the promises we’ve made to the American people, including defending the President’s authority to enforce our laws.”
Read the resolution below:
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