The question of the constitutionality of impeaching judges has surged to the top of political conversation following a call by several officials to remove what they’ve termed “activist judges” from the bench.
Several of the Trump administration’s policies to reduce federal spending and downsize the government have been tied up in courts, where judges issued orders and rulings to block or slow the policies’ execution.
“We must impeach judges who are grossly undermining the will of the people and destroying America. It is the only way,” he wrote on social media platform X.
Musk and others have long voiced concern that some members of the United States judiciary could use their position to promote causes they believe in rather than enforce laws.
The practice, often referred to as “legislating from the bench,” has been seen as judges taking upon themselves a duty to correct what they perceived to be an unacceptable move by the executive or legislative branches.
“I’m drafting articles of impeachment for U.S. District Judge John McConnell Jr.,” Clyde wrote on X. “He’s a partisan activist weaponizing our judicial system to stop President Trump’s funding freeze on woke and wasteful government spending. We must end this abusive overreach.”
In an earlier post, he said there was a “constitutional crisis” taking place in the judicial branch.
“Activist judges are weaponizing their power in an attempt to block President Trump’s agenda and obstruct the will of the American people.”
White House, DOJ Responses
The question of judicial impeachment was put to White House Press Secretary Karoline Leavitt during a Feb. 12 press briefing where she was asked about Trump’s position on the issue.Leavitt alleged that the judges were illegally blocking presidential actions.
“We believe these judges are acting as judicial activists rather than honest arbiters of the law,” Leavitt told reporters.“The real constitutional crisis is taking place within our judicial branch.”
On the same day, Attorney General Pam Bondi was asked about Musk’s comments on judicial impeachment and if she agreed with him.
“I haven’t seen [the] Elon Musk tweet. He is a friend of mine. He is a great man. I think he’s very frustrated with what’s happening in our federal government,” Bondi said.
The White House is backing Musk in his efforts to cut government waste, she said, but impeachments are “not going to happen now.”
Judicial Impeachment Process
Article II, Section 4 of the Constitution indicates that Federal judges, as civil officers of the United States, can be impeached and removed from office for several reasons, including “treason, bribery, or other high crimes and misdemeanors.”If impeached by the House of Representatives, the judge would then stand trial before the Senate. Unlike the House, the Senate would have to pass an impeachment measure by a two-thirds majority to convict the accused. Upon conviction by the Senate, the judge would be removed from office. Additionally, the Senate could vote to disqualify the judge from holding any future federal office, and that vote would only require a simple majority.
Some Notable Impeachments
Only a handful of judicial impeachments have occurred in the United States’ history. When the first one occurred, the Constitution had barely taken effect.When Pickering was standing trial in the Senate, he used the defense that he was suffering from a mental illness. He was still convicted and removed from office in 1804 in a 19-9 vote along party lines.
Pickering’s trial was considered significant because it solidified the idea that a judge could be removed not just for a crime but also for incompetence or misconduct. However, some debated whether the removal was politically motivated because Pickering was a Federalist.
Following a trial in the Senate, he was convicted on all four articles and removed from office.
