On the 5th of this month, as he entered the room to address a joint session of Congress, shaking hands and greeting supporters, President Donald Trump paused for a moment in front of a group of men and women and uttered cryptic words that sparked many questions and debates in the media: "Thank you very much, thank you very much again. We will not forget it," he said, looking into the eyes of one of them. The issue was not the phrase itself, but the recipient: John Roberts, the Chief Justice of the Supreme Court.
Roberts, a conservative appointed by George Bush in 2005, is far from being Trump's favorite, as the Republican Party or the MAGA universe lean towards Samuel Alito or Clarence Thomas despite Trump appointing others during his first term. However, he has been a key figure in the conservative revolution of the institution, which now has overwhelming dominance over the three most liberal judges. Key in overturning the historic Roe vs. Wade abortion ruling or gradually stripping powers and competencies from federal agencies and regulators. Not to mention the historic decision last July that stated the country's president has immunity for almost anything done in an "official capacity," allowing the then-presidential candidate to evade numerous criminal cases and even the possibility of a prison sentence. Trump, without specifying what he meant, was thanking him.
However, that same judge has now clashed head-on with the Administration by stating, in a rare statement, that Trump's strategy and supporters, who are calling for the impeachment or political trial of judges who are halting their decisions, especially on immigration matters, is not an acceptable approach. And if they are not satisfied with his rulings, they should follow the rules: appeal.
"For more than two centuries, it has been established that impeachmentis not an appropriate response to disagreement over a judicial decision," he stated in a brief but highly symbolic declaration distributed by the high court. "The normal appeals review process exists for that purpose."
Although it may seem like a neutral, almost technical statement, Roberts' intervention carries immense weight at a highly delicate moment, with the country on the brink of a constitutional crisis, the Executive branch disobeying federal court orders, arguing that they lack jurisdiction or authority to decide the country's policies. And with the president attacking judges by name and calling on Congress, which holds the powers, to act against them and remove them from the bench.
In 2018, Roberts issued a statement to defend judges after Trump attacked one for being appointed by Obama. And two years later, he criticized Democratic Senator Chuck Schumer for attacking two Supreme Court members
"This judge, a radical left lunatic, troublemaker, and agitator, sadly appointed by Barack Hussein Obama, was not elected president. He did not win the popular vote (by a lot!), did not win the seven key states, did not win by 2,750 to 525 counties, did not win anything! I won, for many reasons, with an overwhelming mandate, but the fight against illegal immigration could have been the main reason for this historic victory. I am only doing what the voters wanted me to do. This judge, like many of the corrupt judges I am forced to face, should be removed! We do not want ruthless, violent, and insane criminals, many of them disturbed murderers, in our country. LET'S MAKE AMERICA GREAT AGAIN!!!," Trump wrote on his social media accounts on Tuesday.
His anger towards James Boasberg comes after the latter, on Saturday, ordered all responsible agencies to immediately halt the deportations of Venezuelan citizens carried out invoking the 1798 Alien Enemies Act, as Trump did on Friday night without publicizing it. In an emergency hearing requested by civil organizations defending five citizens who claim not to be part of any gang, the judge instructed the Government to halt the expulsions under that premise, even ordering planes to return to the US if they were already in the air.
The deportation, however, took place, specifically to El Salvador. Government officials mocked the judge, stating on social media that his order came too late. Therefore, on Monday, Judge Boasberg, in a second hearing, demanded that the Department of Justice lawyers provide all necessary information to demonstrate compliance with his orders. While the Attorney General or the so-called border czar, Tom Homan, stated that they would not stop and that they "didn't care about a judge's opinion," or that the White House reiterated that "a single judge from a single city" has no authority to decide on "a plane full of terrorists."
In their court filings, however, the Government itself has admitted that not only do they not know if all detainees were members of the Tren de Aragua gang, as they claim. Or even if they had criminal records. They also acknowledge that they are not very clear on who these individuals are. Most of them had some kind of tattoo, and the Administration's new policy seems to be that if someone is Venezuelan and has body markings, they are part of a gang and can and should be deported, even if they entered the country legally. Deportation first, protests later.
Only eight federal judges have been impeached, convicted, and removed from office in the country's 250-year history, mostly for criminal conduct, not for their decisions. A majority vote in the House of Representatives is all that is needed to impeach a judge, and the Republicans have it. But a conviction and removal from office require two-thirds of the Senate, which is impossible.
Nevertheless, to exert pressure, Texas Congressman Brandon Gill stated this morning on social media that he had submitted the necessary documents to initiate proceedings against Judge Boasberg, claiming that his decisions amounted to "crimes and serious offenses."