Trump vs. The Judicial Branch

[Bobref]

This is shaping up to be a potential constitutional crisis. A federal judge issues a temporary order halting the President’s plan to ship a bunch of immigrant gang members out of the country, until some legal challenges can be resolved. In response, the POTUS calls for impeachment proceedings against the judge in retaliation via his social media account. Today, another federal judge issues a temporary order halting POTUS’ efforts to dismantle USAID, and ordering computer and email access restored to USAID employees. Chief Justice Roberts then issues a stinging rebuke to the President’s for his efforts to intimidate the judiciary.

Either Mr. Trump was asleep during the portion of his high school civics class where they discussed “checks and balances” and “separation of powers,” or we are witnessing a power grab of unprecedented proportions. He is end-running the legislative process by use of executive orders, and attempting to intimidate the judicial branch with his threats for impeachment. 

Frankly, I like many of his policies. But his tactics demonstrate he feels that he is above the law, answerable to no one (except maybe Elon Musk 😂🤣).

 

[Muda69]

How does the impeachment of a federal judge work within the judicial branch, Bobref?  Does the legislative branch get involved?

[Bobref]

2 hours ago, Muda69 said:

How does the impeachment of a federal judge work within the judicial branch, Bobref?  Does the legislative branch get involved?

Works the same as for everyone else. Under Article I of the U.S. Constitution, the House of Representatives has the power to impeach and the Senate the power to hold a trial to determine whether removal is appropriate. The House can impeach a judge with a simple majority vote. However, a judge may only be removed from office following a trial and a vote to convict by a two-thirds majority of the Senate. Historically, impeachment has been limited to cases of criminal misconduct or egregious ethical situations, like undisclosed conflicts of interest.

[Bobref]

In the history of the federal court system, 15 judges have been impeached: 8 were convicted in the Senate and removed from office; 3 resigned before they could be tried, resulting in the dismissal of the charges; 4 were acquitted after trial in the Senate. Here’s a summary of each.

https://www.fjc.gov/history/judges/impeachments-federal-judges

Impeachments of Federal Judges

John Pickering, U.S. District Court for the District of New Hampshire. 
Impeached by the U.S. House of Representatives, March 2, 1803, on charges of mental instability and intoxication on the bench; Convicted by the U.S. Senate and removed from office, March 12, 1804.

Samuel Chase, Associate Justice, Supreme Court of the United States. 
Impeached by the U.S. House of Representatives, March 12, 1804, on charges of arbitrary and oppressive conduct of trials; Acquitted by the U.S. Senate, March 1, 1805.

James H. Peck, U.S. District Court for the District of Missouri. 
Impeached by the U.S. House of Representatives, April 24, 1830, on charges of abuse of the contempt power; Acquitted by the U.S. Senate, January 31, 1831.

West H. Humphreys, U.S. District Court for the Middle, Eastern, and Western Districts of Tennessee. 
Impeached by the U.S. House of Representatives, May 6, 1862, on charges of refusing to hold court and waging war against the U.S. government; Convicted by the U.S. Senate and removed from office, June 26, 1862.

Mark W. Delahay, U.S. District Court for the District of Kansas. 
Impeached by the U.S. House of Representatives, February 28, 1873, on charges of intoxication on the bench; Resigned from office, December 12, 1873, before opening of trial in the U.S. Senate.

Charles Swayne, U.S. District Court for the Northern District of Florida. 
Impeached by the U.S. House of Representatives, December 13, 1904, on charges of abuse of contempt power and other misuses of office; Acquitted by the U.S. Senate, February 27, 1905.

Robert W. Archbald, Commerce Court and U.S. Court of Appeals for the Third Circuit. 
Impeached by the U.S. House of Representatives, July 11, 1912, on charges of improper business relationship with litigants; Convicted by the U.S. Senate and removed from office, January 13, 1913.

George W. English, U.S. District Court for the Eastern District of Illinois. 
Impeached by the U.S. House of Representatives, April 1, 1926, on charges of abuse of power; Resigned from office November 4, 1926; Senate Court of Impeachment adjourned to December 13, 1926, when, on request of the House manager, impeachment proceedings were dismissed.

Harold Louderback, U.S. District Court for the Northern District of California. 
Impeached by the U.S. House of Representatives, February 24, 1933, on charges of favoritism in the appointment of bankruptcy receivers; Acquitted by the U.S. Senate, May 24, 1933.

Halsted L. Ritter, U.S. District Court for the Southern District of Florida. 
Impeached by the U.S. House of Representatives, March 2, 1936, on charges of favoritism in the appointment of bankruptcy receivers and practicing law while sitting as a judge; Convicted by the U.S. Senate and removed from office, April 17, 1936.

Harry E. Claiborne, U.S. District Court for the District of Nevada. 
Impeached by the U.S. House of Representatives, July 22, 1986, on charges of income tax evasion and of remaining on the bench following criminal conviction; Convicted by the U.S. Senate and removed from office, October 9, 1986.

Alcee L. Hastings, U.S. District Court for the Southern District of Florida. 
Impeached by the U.S. House of Representatives, August 3, 1988, on charges of perjury and conspiring to solicit a bribe; Convicted by the U.S. Senate and removed from office, October 20, 1989.

Walter L. Nixon, U.S. District Court for the Southern District of Mississippi. 
Impeached by the U.S. House of Representatives, May 10, 1989, on charges of perjury before a federal grand jury; Convicted by the U.S. Senate and removed from office, November 3, 1989.

Samuel B. Kent, U.S. District Court for the Southern District of Texas. 
Impeached by the U.S. House of Representatives, June 19, 2009, on charges of sexual assault, obstructing and impeding an official proceeding, and making false and misleading statements; Resigned from office, June 30, 2009. On July 20, 2009, the U.S. House of Representatives agreed to a resolution not to pursue further the articles of impeachment, and on July 22, 2009, the Senate, sitting as a court of impeachment, dismissed the articles.

G. Thomas Porteous, Jr., U.S. District Court for the Eastern District of Louisiana. 
Impeached by the U.S. House of Representatives, March 11, 2010, on charges of accepting bribes and making false statements under penalty of perjury; Convicted by the U.S. Senate and removed from office, December 8, 2010.

[Sparty]

Let Trump and Musk cook.  If you are mad at all the fraud Musk and his squad is uncovering, that’s a you problem.  

[Bobref]

19 minutes ago, Sparty said:

Let Trump and Musk cook.  If you are mad at all the fraud Musk and his squad is uncovering, that’s a you problem.  

Sounds like an “end justifies the means” argument. America doesn’t work that way. At least, it’s not supposed to.

[Sparty]

USA is also not La Cosa Notra but here we are.  
 

 

[Muda69]

10 hours ago, Sparty said:

USA is also not La Cosa Notra but here we are.  
 

 

Some would argue that Trump and his insistence on "loyalty" to him alone, which comes above service to the USA and it's citizens,  is akin to an organization like the Mafia.

 

[Sparty]

45 minutes ago, Muda69 said:

Some would argue that Trump and his insistence on "loyalty" to him alone, which comes above service to the USA and it's citizens,  is akin to an organization like the Mafia.

 

If you are uneducated, I can see why you’d think that.  

[Muda69]

20 minutes ago, Sparty said:

If you are uneducated, I can see why you’d think that.  

I may have more education than you, Chief.  Want to compare?

And a nice way to dodge your apparent allegiance to the Trump cult. 

 

[Sparty]

Cool.  Doesn’t mean you are educated.  
 

Go talk circles with some other anarchist

[Muda69]

1 hour ago, Sparty said:

Cool.  Doesn’t mean you are educated.  
 

Go talk circles with some other anarchist

?  I'm no anarchist.  Not sure where you got that from, you Trump cultist you.

 

[Bobref]

2 hours ago, Muda69 said:

?  I'm no anarchist.  Not sure where you got that from, you Trump cultist you.

 

We’re in Wonderland and they’re the Queen of Hearts: “Sentence first! Verdict afterward!”

[Muda69]

49 minutes ago, Bobref said:

We’re in Wonderland and they’re the Queen of Hearts: “Sentence first! Verdict afterward!”

The federal government, especially our current administrative branch,  is infallible, right?  If they say someone is a criminal then it has to be true.