Elon Musk and Donald Trump Target Federal Judges

Elon Musk has been vocal in his criticism of federal judges, and President Donald Trump is echoing those sentiments.

On Tuesday, Trump took to Truth Social to express his desire to impeach judges, stating that any judge who matches the description of US District Judge James Boasberg “should be IMPEACHED!!!” His frustration stems from Boasberg’s ruling that limited Trump’s deportation efforts.

Earlier this month, Musk also chimed in on X, suggesting the impeachment of judges he deemed “activists.” He referenced US District Judge John J. McConnell Jr., who had placed a temporary hold on the administration’s funding freeze.

According to Indiana University law professor Charles Geyh, these actions by Republicans appear aimed at eroding public confidence in the federal judiciary. He warned that Trump’s strategy may pave the way for defying court decisions. “If you trace the arc of this story, it suggests that this is yet another weak attempt at impeaching judges, a venture that has historically been unsuccessful,” he indicated to Business Insider.

However, Geyh noted that the current political climate is distinct. “President Trump is attacking the judiciary on multiple fronts. His approach seems to aim at overwhelming the system, potentially disregarding their orders and threatening them with impeachment,” he explained.

Despite Trump’s claims that he respects federal court rulings, the White House’s actions remain under scrutiny, particularly regarding a ruling by Judge Boasberg that purportedly was not adhered to last weekend involving deportations under the Alien Enemies Act.

The White House and Musk did not respond to inquiries from Business Insider about their positions. Over the past week, Trump and Musk have both focused on their criticisms of judges, with Trump’s press secretary even highlighting political donations linked to Judge Boasberg’s spouse.

Chief Justice Roberts Responds

Chief Justice John Roberts attempted to quell the growing tensions by issuing a rare statement condemning the notion of impeaching judges. “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The standard appellate process exists for that purpose,” he stated after Trump endorsed Boasberg’s removal.

While Trump claimed to respect Roberts’ view, shortly after, his political team sent out a fundraising email with the subject line “Impeach, Impeach, Impeach,” questioning whether judges who allegedly endanger the public should be impeached.

The Challenges of Impeaching Judges

Impeaching a judge is a significant challenge, a fact Trump is familiar with, having been acquitted twice by the Senate. The impeachment process requires that charges be initiated in the US House of Representatives. Should a majority in the House vote to impeach, the case is then sent to the Senate, where a two-thirds majority (67 senators) is necessary for conviction.

With Republicans holding only 53 Senate seats, it’s unlikely they could gather enough votes, especially considering that bipartisan support would be needed to achieve the required threshold.

Historically, only 14 federal judges have been impeached, alongside one Supreme Court justice, Samuel Chase. Of these, merely eight were ultimately convicted. The last federal judge to be impeached was G. Thomas Porteous, Jr., in 2010, who faced charges of bribery and perjury, leading to his conviction and removal.

Geyh noted that while early American leaders occasionally threatened judicial retaliation for rulings, respect for judicial independence gradually established a norm against such actions. “Over time, it became understood that judicial independence necessitates refraining from targeting judges simply because one disagrees with their decisions,” he explained.

Lifetime-appointed federal judges cannot be removed without impeachment, and while there is no official retirement age, judges can transition to senior status, a form of partial retirement. Michael J. Gerhardt, a constitutional law professor, indicated that impeaching a judge merely for their ruling would represent a significant escalation. “In over 200 years, no federal judge has ever been impeached and removed based on their decision. That fact alone underscores that impeachment is not the proper recourse for disagreement with a judicial ruling,” he stated to Business Insider.