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In addition to his actions regarding the deportations, the resolution raises concerns about Boasberg’s conduct as a FISA court judge. It alleges that Boasberg misused his judicial discretion and failed to disclose payments from outside sources, which could further illustrate his unfitness for the bench. Biggs argues that these actions show Boasberg’s disregard for the Constitution and the rule of law.
“James E. Boasberg knowingly extended beyond the bounds of power of his office and unjustly interfered in the execution of foreign policy and national security for partisan purposes of halting the implementation of the President’s foreign policy and for political gain,” the resolution reads.
Biggs has taken an aggressive stance against what he views as an overreach by activist judges who ignore the will of the people and the executive branch. The resolution calls for the removal of Boasberg without going through the lengthy and often partisan process of impeachment, which typically requires a two-thirds vote in the Senate.
Rep. Biggs believes that under Article III, Section 1 of the Constitution, Congress has the power to remove judges who do not uphold the “good behavior” clause. This clause ensures that federal judges maintain high ethical standards and do not abuse their power. The resolution argues that Boasberg’s actions directly violate this principle.
“This is a direct challenge to activist judges who believe they can overrule the will of the American people and the decisions of the President. We must protect the constitutional authority of the president and hold judges accountable for their actions,” Biggs said.
The resolution is a direct response to Boasberg’s actions, but it also represents a broader push against judicial overreach that conservatives have been sounding the alarm about for years. Biggs made it clear that Congress has the constitutional responsibility to act when judges fail to uphold their oath of office and undermine the law.
Biggs also addressed the difficulty of removing Boasberg through the traditional impeachment route, acknowledging the obstacle posed by the Democratic-controlled Senate. He noted that while he had previously co-sponsored resolutions to impeach the judge, the current political landscape made that route practically impossible. The new resolution, however, seeks to bypass the Senate’s two-thirds majority requirement and instead uses Congress’s inherent power to remove judges with a simple majority.
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“We cannot stand by while activist judges who incorrectly believe they have more authority than the duly-elected President of the United States, impose their own political agenda on the American people,” said Biggs. “His removal from office via impeachment, however, will undoubtedly be blocked by Democrats in the Senate, since it requires a two-thirds majority. My resolution, on the other hand, asserts, pursuant to Article III, Section 1, that rogue judges may be removed the same way we confirm them—by a simple majority.”
The resolution highlights the importance of upholding the Constitution’s protections and ensuring that all branches of government respect the authority granted to the president. Biggs emphasized that the American people have entrusted their elected leaders to defend the president’s ability to enforce the law, and that includes holding rogue judges accountable for their actions.
“Judge Boasberg abused his judicial authority for political gain and is not in compliance with the constitutional Good Behavior Clause. He must not be permitted to remain in his position. Congress has a duty to fulfill the promises we’ve made to the American people, including defending the President’s authority to enforce our laws,” Biggs concluded.
Biggs’ resolution has ignited debate over the role of judges in shaping U.S. policy and the appropriate checks on their power. The move to remove Boasberg will likely intensify the ongoing conflict between conservatives who demand judicial accountability and liberals who defend the independence of the judiciary. As this story develops, the resolution could signal a significant shift in how Congress holds the judicial branch accountable.
