1 | 1 | | IV |
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2 | 2 | | 119THCONGRESS |
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3 | 3 | | 1 |
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4 | 4 | | STSESSION H. RES. 229 |
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5 | 5 | | Impeaching James E. Boasberg, United States District Court Chief Judge |
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6 | 6 | | for the District of Columbia, for high crimes and misdemeanors. |
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7 | 7 | | IN THE HOUSE OF REPRESENTATIVES |
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8 | 8 | | MARCH18, 2025 |
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9 | 9 | | Mr. G |
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10 | 10 | | ILLof Texas (for himself, Mr. CRANE, Mr. COLLINS, Mr. CARTERof |
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11 | 11 | | Georgia, Mr. M |
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12 | 12 | | OOREof Alabama, and Mr. CLYDE) submitted the fol- |
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13 | 13 | | lowing resolution; which was referred to the Committee on the Judiciary |
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14 | 14 | | RESOLUTION |
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15 | 15 | | Impeaching James E. Boasberg, United States District Court |
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16 | 16 | | Chief Judge for the District of Columbia, for high crimes |
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17 | 17 | | and misdemeanors. |
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18 | 18 | | Resolved, That James E. Boasberg, Chief Judge, 1 |
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19 | 19 | | United States Court for the District of Columbia, is im-2 |
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20 | 20 | | peached for high crimes and misdemeanors, and that the 3 |
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21 | 21 | | following article of impeachment be exhibited to the 4 |
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22 | 22 | | United States Senate. 5 |
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23 | 23 | | Article of impeachment exhibited by the House of 6 |
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24 | 24 | | Representatives of the United States of America in the 7 |
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25 | 25 | | name of itself and of the people of the United States of 8 |
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26 | 26 | | America, against James E. Boasberg, Chief Judge, United 9 |
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28 | 28 | | kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 |
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29 | 29 | | •HRES 229 IH |
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30 | 30 | | States District Court for the District of Columbia, in 1 |
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31 | 31 | | maintenance and support of its impeachment against him 2 |
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32 | 32 | | for high crimes and misdemeanors. 3 |
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33 | 33 | | ARTICLE I: ABUSE OF POWER 4 |
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34 | 34 | | 5 |
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35 | 35 | | Chief Judge Boasberg, in violation of his oath of of-6 |
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36 | 36 | | fice, did knowingly and willfully use his judicial position 7 |
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37 | 37 | | to advance political gain while interfering with the Presi-8 |
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38 | 38 | | dent’s constitutional prerogatives and enforcement of the 9 |
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39 | 39 | | rule of law. 10 |
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40 | 40 | | The Constitution provides that the House of Rep-11 |
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41 | 41 | | resentatives ‘‘shall have the sole Power of Impeachment’’ 12 |
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42 | 42 | | and that ‘‘civil Officers of the United States,’’ including 13 |
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43 | 43 | | Federal Judges, are subject to impeachment and removal. 14 |
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44 | 44 | | Further, the separation of powers under the Con-15 |
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45 | 45 | | stitution grants the President broad authority over the ex-16 |
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46 | 46 | | ecutive branch, including authority to protect the nation, 17 |
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47 | 47 | | as part of his role in ensuring the administration of laws, 18 |
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48 | 48 | | including the Alien Enemies Act, and policies of the 19 |
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49 | 49 | | United States. 20 |
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50 | 50 | | The Alien Enemies Act commits to the President’s 21 |
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51 | 51 | | sole and unreviewable discretion the authority to invoke 22 |
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52 | 52 | | the provisions of the Act, including the power to determine 23 |
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53 | 53 | | whether an invasion has taken place. As the Supreme 24 |
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54 | 54 | | Court has explained, for a court to second-guess a Presi-25 |
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55 | 55 | | dent’s determination under the Alien Enemies Act ‘‘would 26 |
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57 | 57 | | kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 |
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58 | 58 | | •HRES 229 IH |
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59 | 59 | | be assuming the functions of the political agencies of the 1 |
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60 | 60 | | Government’’ and ‘‘[i]t is not for [courts] to question’’ the 2 |
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61 | 61 | | President’s determinations under the Alien Enemies Act 3 |
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62 | 62 | | because ‘‘[t]hese are matters of political judgement for 4 |
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63 | 63 | | which judges have neither technical competence nor offi-5 |
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64 | 64 | | cial responsibility.’’ Ludecke Y. Watkins, 335 U.S. 6 |
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65 | 65 | | 160(1948). Yet, notwithstanding this binding precedent 7 |
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66 | 66 | | from the highest court in the land, Chief Judge Boasberg 8 |
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67 | 67 | | has done exactly what the Supreme Court command not 9 |
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68 | 68 | | be done, and has illegitimately tried to substitute his own 10 |
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69 | 69 | | judgement for that of the elected President of the United 11 |
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70 | 70 | | States, thereby usurping the role of the Executive and uni-12 |
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71 | 71 | | laterally taking upon himself the power and authority of 13 |
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72 | 72 | | the President. 14 |
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73 | 73 | | Through his conduct, in which he violated his oath 15 |
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74 | 74 | | to the Constitution and duty of impartiality to the people 16 |
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75 | 75 | | of the United States, Chief Judge Boasberg has abused 17 |
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76 | 76 | | the powers of his judicial authority, having engaged in ac-18 |
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77 | 77 | | tions that prioritize political.gain over the duty of impar-19 |
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78 | 78 | | tiality owed to the public and litigants as follows: 20 |
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79 | 79 | | (1) Chief Judge Boasberg has prevented Presi-21 |
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80 | 80 | | dent Trump from removing aliens associated with 22 |
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81 | 81 | | Tren de Aragua, a designated Foreign Terrorist Or-23 |
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82 | 82 | | ganization from the United States. 24 |
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84 | 84 | | kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 |
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85 | 85 | | •HRES 229 IH |
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86 | 86 | | (2) Chief Judge Boasberg required President 1 |
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87 | 87 | | Trump to turn around planes midair that had aliens 2 |
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88 | 88 | | associated with Tren de Aragua, a designated For-3 |
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89 | 89 | | eign Terrorist Organization. 4 |
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90 | 90 | | This conduct jeopardizes the safety of the nation, 5 |
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91 | 91 | | represents an abuse of judicial power, and is detrimental 6 |
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92 | 92 | | to the orderly functioning of the judiciary. Using the pow-7 |
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93 | 93 | | ers of his office, Chief Judge Boasberg has attempted to 8 |
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94 | 94 | | seize power from the Executive Branch and interfere with 9 |
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95 | 95 | | the will of the American people. 10 |
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96 | 96 | | In so doing, Chief Judge Boasberg used the powers 11 |
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97 | 97 | | of his position to engage in actions that overstep his judi-12 |
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98 | 98 | | cial authority. By making a political decision outside the 13 |
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99 | 99 | | scope of his judicial duties, he compromised the impar-14 |
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100 | 100 | | tiality of our judicial system and created a constitutional 15 |
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101 | 101 | | crisis. 16 |
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102 | 102 | | Wherefore, Chief Judge Boasberg is guilty of high 17 |
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103 | 103 | | crimes and misdemeanors and should be removed from of-18 |
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104 | 104 | | fice. 19 |
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105 | 105 | | Æ |
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107 | 107 | | kjohnson on DSK7ZCZBW3PROD with $$_JOB |
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