[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 270 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. RES. 270
Removing James E. Boasberg, Chief Judge of the United States District
Court for the District of Columbia, for failure to remain in good
behavior pursuant to section 1 of article III of the Constitution.
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IN THE HOUSE OF REPRESENTATIVES
March 31, 2025
Mr. Biggs of Arizona (for himself, Mr. Clyde, Mr. Higgins of Louisiana,
Mr. Nehls, Mrs. Luna, and Mr. Crane) submitted the following
resolution; which was referred to the Committee on the Judiciary
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RESOLUTION
Removing James E. Boasberg, Chief Judge of the United States District
Court for the District of Columbia, for failure to remain in good
behavior pursuant to section 1 of article III of the Constitution.
Resolved, That James E. Boasberg, Chief Judge of the United States
District Court for the District of Columbia, is removed for failing to
maintain the standard of good behavior required of judges under section
1 of article III of the Constitution, and that the following article of
removal be exhibited to the United States Senate.
Article of removal exhibited by the House of Representatives of
the United States of America in the name of itself and of the people of
the United States of America, against James E. Boasberg, Chief Judge,
United States District Court for the District of Columbia, in
maintenance and support of its removal of him for failing to remain in
good behavior.
article i: abuse of power
Chief Judge Boasberg, in violation of his oath of office, did
knowingly and willfully use his judicial position to knowingly
interfere with the President's constitutional prerogatives and
enforcement of the rule of law for political gain.
The Constitution grants Congress the authority to create,
eliminate, and regulate all Federal courts inferior to the Supreme
Court. Section 1 of article III of the Constitution provides that
``[t]he Judges, both of the supreme and inferior Courts, shall hold
their Offices during good Behavior,'' thereby granting Congress the
authority to remove a judge who fails to remain in good behavior while
in office.
The Constitution grants the President broad and expansive powers
over the conduct of foreign policy and to ensure national security
against foreign threats. The Supreme Court has ruled that the power to
conduct foreign affairs is a political power which is largely beyond
the scope of judicial inquiry or decision. As such, outside questions
of the constitutionality of a provision or action, the Constitution
places foreign policy decisions by the President and Congress beyond
the scope of review by the courts along with actions taken pursuant to
those decisions.
In 1798, Congress passed the Alien Enemies Act (50 U.S.C. 21-24),
which authorizes the President to make a public proclamation
designating members of a foreign nation or government liable for
apprehension and removal as alien enemies of the United States. The Act
gives the President sole authority to determine the manner of the enemy
aliens' restraint and removal as well as to establish any regulations
which are necessary to ensure public safety.
On March 15, 2025, President Donald J. Trump issued a proclamation
declaring that all Venezuelan citizens who are members of the
organization known as Tren de Aragua are liable to be apprehended and
removed under the Alien Enemies Act due to the threat the organization
poses to the United States and its clear entanglement with the
government of Venezuela. Furthermore, due to the severity of Tren de
Aragua's crimes against the United States, the President declared that
members of Tren de Aragua are ineligible for the benefits of section 22
of the Act and are therefore liable to immediate apprehension and
removal. Pursuant to this declaration, the President directed the
Attorney General and the Secretary of Homeland Security to immediately
take steps necessary to begin the apprehension and removal of members
of Tren de Aragua who are present within the United States.
Despite the broad authority given by the Constitution to the
President when conducting matters of foreign affairs and national
security, and the clear authority given to the President under the
Alien Enemies Act, James E. Boasberg knowingly interfered with the
President's execution of foreign policy by ordering the return of
members of a designated foreign terrorist organization to the United
States. To justify his action, Boasberg cited questions concerning the
interpretation of certain words and phrases which are intimately tied
to the President's foreign policy powers and therefore beyond the scope
of review of the courts. In doing so, 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. Furthermore, James E. Boasberg
has failed to disclose payments received from non-federal sources and
abused his discretion during his term on the Foreign Intelligence
Surveillance Court.
Accordingly, under the good behavior clause of section 1 of
article III, these actions of James E. Boasberg constitute misbehavior
and render him liable for removal from office.
Wherefore, James E. Boasberg, by his conduct has failed to remain
in good behavior should be removed from office and no longer be
considered a judge of the United States.
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