Thomas Paine wrote in 1776 that “…
in America, the law is king. For as in absolute governments the King is law, so
in free countries the law ought to be king; and there ought to be no other.”
The deported Venezuelans case is looking like the constitutional crisis
we’ve been waiting for. Judge Boasberg is not putting up with his orders being
ignored, and Trump can’t and won’t give in (that would make him look like the
weak loser that he is).
But the issue is not just the Venezuelans. Although their plight should
not be ignored – they have been arrested without trial and sentenced to an
indefinite period in a foreign prison where they could be subject to
mistreatment if not torture. Some were in America legally and some no doubt had
nothing to do with the Tren De Aragua gang but had no opportunity to prove it.
No, the issue here is the law – is the law king in America or is King
Trump the law? Because if they get away with this, next they will go after
American citizens who may have said or posted something that Donald or Elon didn’t
like. This is how all authoritarian governments operate.
Trump and his supporters are going ballistic over this little bit of
pushback against their illegal actions. They are framing it, for the public,
that Trump is deporting criminals to make America safe but the bleeding-heart Democrats
are opposing him and siding with criminal gangsters. Here are a few:
Senator Chuck
Grassley:
“Another
day, another judge unilaterally deciding policy for the whole country. This
time to benefit foreign gang members. If the Supreme Court or Congress doesn’t
fix this, we’re headed towards a constitutional crisis. Senate Judiciary
Committee will be taking action.”
Mike
Flynn:
“Far too many judges are making decisions based on their political bias. Just as Americans have lost trust in the institutions of government, the legal profession, along with appointed judges, has also lost the trust of the American people by weaponizing the rule of law. People must be held ACCOUNTABLE for their treasonous and seditious behavior to our way of life (including certain judges).”
Tom Homan (the "Border Czar") was the most blatant about defying the judges orders: "We are not stopping. I don't care what the judges think. I don't care what the Left thinks. We're coming".
Then Trump jumps in himself on “Truth-Social”:
“This
Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly
appointed by Barack Hussein Obama, was not elected President – He didn’t WIN
the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES, he didn’t
WIN 2,750 to 525 Counties, HE DIDN’T WIN ANYTHING! This judge, like many of the
Crooked Judges’ I am forced to appear before, should be IMPEACHED!!! WE DON’T
WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS,
IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!”
Getting past the tantrum worthy of a spoiled 3 year old, and Trump’s
delusions that because he won the last election that no one should dare to
cross him, note the name-calling and call for impeachment of Judge Boasberg.
That’s what Republicans do when they don’t have a case.
This afternoon (March 18) a Republican Congressman, Rep. Brandon Gill (R
Texas) took Trump at his word and introduced articles of impeachment against
Boasberg. The 4 page impeachment resolution argues that President Trump has the
sole discretion to determine whether an invasion has taken place and therefore
whether its emergency powers can be exercised. It charges Boasberg with “knowingly
and willfully using his judicial position to advance political gain.”
Boasberg is the fifth judge to be impeached by this Republican Congress.
None of them will likely result in any action – their purpose is harassment and intimidation and, no doubt, to impress the Maga base.
This harassment is serious. In the last two months Elon Musk
has made more than 30 posts on X blasting the judges that have called him out for
his illegal firings and cancelled contracts. U.S. Marshals have had to increase
protection of judges because of increased violent threats against them by Musk’s
followers. Threats to judges and their families include calls for shooting,
hanging and beheading.
James Boasberg is the chief judge of the D.C. District Court and is an experienced and well respected judge. About 10 years before Obama appointed him to the federal bench in 2011, he was appointed to the D.C. Superior Court by George W Bush. Boasberg once wrote “Judges should not work from a desired outcome in assessing the law and facts. Instead, they should follow the law and facts to whatever outcome they dictate.”
This case is very likely headed to the Supreme Court where the final
showdown will occur. How will that turn out?
Maybe
not the way the Republicans were expecting. Supreme Court Chief Justice John Roberts had this to say today:
“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.”
He must
have been anticipating this situation because in December 2024 he wrote in his
year end report:
“Every Administration suffers defeats in the court system — sometimes in
cases with major ramifications for executive or legislative power or other
consequential topics. Nevertheless, for the past several decades, the decisions
of the courts, popular or not, have been followed. Within the past few years,
however, elected officials from across the political spectrum have raised the
specter of open disregard for federal court rulings. These dangerous
suggestions, however sporadic, must be soundly rejected.”
Roberts, whose court gave Trump the “get out of jail free” pass with the
July 1, 2024 ruling giving presidents absolute immunity for official acts,
appears to be having second thoughts now that the Trump administration is turning
on federal judges. Let’s hope it’s not too late.
Sources:
https://oll.libertyfund.org/quotes/paine-on-the-idea-that-the-law-is-king-1776
https://www.politico.com/news/2025/03/18/john-roberts-donald-trump-impeach-federal-judges-00235742
https://www.axios.com/2025/03/18/donald-trump-impeach-judge-house-republicans
https://hartmannreport.com/p/welcome-to-trumps-america-where-immigrants-2c2
https://robertreich.substack.com/p/trumps-further-descent-into-dictatorship
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