Elon Musk asks the judges of judgment: how could they be eliminated

Upper line

Billionaire Elon Musk and legislators of the Republican party have increased attacks in recent days in the judges issued unfavorable decisions Against the White House, claiming that they are “corrupt” and must be eliminated from office, but federal norms and the close majority of Republicans in Congress mean that any political trial effort probably fails.

Key facts

How can a federal judge be accused?

The process to eliminate federal judges from office is similar to dismissing a president or other senior official. The chamber would first have to vote to accuse the judge, with only a simple majority, but the judge can only be eliminated from the position with a two -thirds majority of the Senate. It is unlikely that this happens given the narrow majority of Republicans in the Senate, since it is unlikely that the Democrats make any effort to expel judges about decisions that are unfavorable for Trump and Musk. The Constitution directs officials should only be accused of “betrayal, bribery or other high crimes and minor crimes”, which also says that judges “will maintain their offices during good behavior.” Historically, the power of political trial has not been used to punish judges for unfavorable decisions, with the Brennan Justice Center annotation That precedent was established early in the history of the Nation, when the Senate refused to condemn a judge of the Supreme Court, Samuel Chase, after he openly criticized then President Thomas Jefferson to a Grand Jury.

How many judges have been eliminated before?

The federal judges have historically very rare, and it is even more rare that they are eliminated from the position. Only 15 federal judges They have been accused in the history of Congress, eight of which the Senate has found guilty and retired from office. All of them were withdrawn from the position for various acts of misconduct, which extend from Fiscal Fraud to Request bribes– And none was for crimes related to an unfavorable decision. The most recent conviction in the Senate of a federal judge was in 2010, when G. Thomas Porteous, Jr. Louisiana was withdrawn from office. Porteous was retired after he refused to challenge himself from a case that was being argued by a law firm with which the judge had a “corrupt financial relationship”, according to his Accusation articlesin which the company paid approximately $ 20,000. Then, the judge made “intentionally misleading statements” about his relationship with the firm during his challenge hearing and, after hearing the case, accepted the payments of the law firm when he was considering how to govern.

Who are the judges attacked by Trump and Musk, and what did they say their failures?

Judge Paul Engelmayer: The Federal District Judge in the South District of New York, Engelmayer, was nominated for the Bank by former President Barack Obama. The judge issued a brief failure on February 9 that temporarily blocked Doge’s access to treasure data, before a different judge, Jeanette Vargas, then issued a more lasting order against Doge. In its four pages decisionEngelmayer said that the states led by Democrat who challenge Doge access to treasure data presented a “particularly strong” case and showed that they would be harmed due to the risk of “dissemination of confidential and confidential information and the high risk that will be the Systems in question more vulnerable than before piracy. “

Judge John Bates: Bates is a Federal District Judge in Washington, DC, who was nominated by former President George W. Bush. The judge ordered the Trump administration to restore health sites related to a ruling on February 11, decision The doctors who filed the demand and the public will be “irreparably harmed by the lack of access” to public health information. But Bates has also come down in favor of the government. The judge denied The request of the labor unions to block Doge’s access to the data of the Department of Labor, although he also said that “shelters concerns” on the behavior of the group led by musk.

Judge John McConnell: Obama appointed McConnell to serve as a federal district judge at Rhode Island in 2011. The judge blocked A controversial memorandum issued by the Trump administration to immediately stop almost all federal assistance, after the general prosecutors of the Democratic state challenged the memorandum in the Court, and the judge wrote that, although some aspects of the financing break “could Being legal and constitutionally appropriate for the Executive to take “, is” equally sure that there are many cases in the executive, broad orders, which covers and an ambiguous “pause” of critical financing that are not. ” McConnell then issued more decision On February 10, enforcing the order and emphasizing the need for the Trump administration to release all frozen federal funds, after the States alleged that the Government did not fully comply with the judge’s order and still held some funds.

Judge Ana Reyes: The Trump administration has also He filed a complaint Against Judge Ana Reyes, a district judge designated by Biden in Washington, DC, who supervises a lawsuit that defies the prohibition of transgender American administration that serve in the army. The Department of Justice alleges that Reyes committed misconduct by showing “apparent bias” and “treating (inger) lawyer disrespectfully”, pointing out a rhetorical exercise that Reyes proposed during an audience to make a point on discrimination. Reyes asked how the Trump administration would respond if its court hall prohibited the graduates of the Law School of the University of Virginia, such as the Administration’s lawyer, to appear in their courtroom because they were “liars and lack integrity” , The Associated Press informationThat the Department of Justice affirms was an effort to “embarrass” the government lawyer. The judge has not yet issued a decision in the case.

Main critic

The American Free Bar Association issued a statement Condeming Musk’s attacks at Engelmayer, who argue that they are “unfounded and intimidating” attacks that “are dangerous because they undermine the public’s confidence in the rule of law and the risk of provoking violence against judges.” “For a public figure such as Mr. Musk to protest a decision by accusing the judge of ‘corruption’ and requesting their dismissal, without any base, degrading our justice system and puts the rule of law at risk,” said Atca. “Such unfounded and reckless accusations should be universally condemned.”

Key background

The attacks against the judges come as states led by Democrat, labor unions, non -profit organizations and other plaintiffs have presented dozens of demands Challenging the Trump administration following the inauguration of Trump. The litigation has become a key strategy of the left in opposing Trump, given the control of the Republicans of the White House and Congress gives the Democrats little power to force any change outside the court. Legal challenges have resulted in a series of orders that temporarily block Trump’s policies or Dux access, while litigation develops, although there are no demands that have resulted in any final and lasting decision. In addition to the calls to judicial courts, Trump’s allies have also sharply denounced decisions against the administration making comments suggest that Trump’s executive branch is above the law, with Vice President JD Vance affirming on February 9 that “judges cannot control the legitimate power of the Executive.” While these comments have caused alarm among legal experts, so far there is no evidence that the Trump administration deliberately defies the judicial orders, and the government has emphasized the judicial presentations that follow orders even that it does not agree.

Additional reading

ForbesThis is where Trump and Musk are winning, and losing, in court: the judge blocks the prohibition of admission to refugeesBy Alison Durkee
ForbesJD Vance suggests that the judges “are not allowed” to control Trump after the courts block their policiesBy Alison Durkee
ForbesThe White House and the Treasury Department agreeBy Molly Bohannon