A few days ago, District Judge James Boasberg, one of nearly 700 local judges, ordered several plane loads of violent, murderous gangbangers, already in the air on their way to El Salvador, to be returned to America. Boasberg had no idea where those planes were. He knew nothing of their fuel state, the weather wherever they were, crew rest protocol, or the dangers his capricious order might impose on the security officers and flight crews of those planes. He didn’t care. He was only determined to undermine Donald Trump’s Article II authority in the service of leftist ideology.

They were not returned, and the matter is still being adjudicated. The gangbangers are now in a real prison where criminals aren’t coddled. As one might imagine, President Trump took to Truth Social and laid out the issues:

Graphic: Truth Social Screenshot

He also called for the impeachment of Boasberg, though he didn’t name him, and the other lawfare judges trying to steal constitutional, presidential authority. Or did he? Consider his choice of words:

This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED.

Trump surely knows absent a far more substantial majority in the House, and an unbreakable 60 vote majority in the Senate, no impeachment is possible. He also knows absent clear evidence of criminality, no judge is likely to be impeached for bad, unconstitutional and/or political decisions. Should people like Boasberg, who are issuing clearly political, unconstitutional, malicious decisions, be removed from the bench through impeachment or other means? Of course, but Trump knows that’s not going to happen. Any thoughtful American knows that’s not going to happen and that’s not Trump’s intent.

Graphic: X Screenshot

Rep. Brandon Gill (R-TX) has drafted an impeachment resolution for Boasberg, but that’s a political statement, not a serious tactic aimed at removing Boasberg. Gill, like Trump, knows even if the House should impeach Boasberg—something exceedingly unlikely—it would be dead on arrival in the Senate and would be an unforced political error.

Trump’s Truth Social post and Gill’s resolution are nothing more than efforts to inform the public about the politicization of the judiciary and to maintain and drum up political support. Supreme Court Chief Justice John Roberts unwisely responded to Trump’s Truth Social post: 

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.

Roberts is right so far as his comment goes. The problem is he is apparently reluctant to do his job. He’s in no hurry to deal with the vital constitutional issues raised by cherry- picked local judges issuing nationwide orders that usurp the constitutional powers of the Exxecutive. He’s in no apparent hurry to reign in those judges, and his reluctance not only badly damages the legitimacy of the entire federal bench, but the Supreme Court. He’s also apparently a hypocrite:

Last year Representative AOC and other members of Congress introduced articles of impeachment against Justices Thomas and Alito. As best as I can recall, Roberts said nothing about this. Likewise, the Federal Judges Association and the American Bar Association said not a word about the never-ending crusade against two members of the Supreme Court. These attacks were never about disclosures. These critics were trying to delegitimize the Court. Yet, everyone was silent.

But Trump is ignoring court orders! If so, there’s no such evidence. Joe Biden actually ignored at least two Supreme Court decisions relating to his forgiveness of student loans and bragged about it.  Roberts was silent. He was silent about this too:

Likewise, in 2023, Senator Ron Wyden told President Biden to "ignore" any ruling from Judge Matt Kacsmaryk concerning mifepristone. We aren't talking about turning planes around over international waters. This would be a ruling that could be timely appealed in the normal course. Yet Roberts did not say a word about this in his end-of-year address or anywhere else. 

Among the most obvious lessons of the first Trump term is not to take seriously what he says but what he does. All politicians engage in heated rhetoric, and Trump responded to two impeachments—one after he left office(?!)—and berserk and never-ending attempts to destroy him with “mean” tweets. In his second term, perhaps humbled by surviving at least two assassination attempts—there may be more about which we’re not aware—he’s far more rhetorically restrained.

Trump might arguably deescalate a bit by not rhetorically lambasting judges who manifestly deserve it. But more importantly, Chief Justice Roberts could help return America to constitutional rule by immediately hearing, and striking down, the unconstitutional, personally-motivated rulings of unfit district court judges.

Graphic: X Screenshot

Roberts seems to live in a rarified, theoretical world of his own. We could use some sane constitutional guidance in the real world the rest of us inhabit.

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Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor.