Senior judicial analyst Judge Andrew Napolitano said Monday on Newsmax that federal judges should not be impeached based on political disagreements but only for committing high crimes or misdemeanors, aligning with constitutional principles.
Federal judges should not face impeachment simply because lawmakers or the public disagree with their rulings, Napolitano said on "Carl Higbie FRONTLINE."
Instead, he emphasized that impeachment should be reserved for treason, bribery, or other high crimes and misdemeanors, as outlined in the U.S. Constitution.
"Most judges are dedicated to the Constitution. We have a system of checks and balances. It is the duty of the judicial branch to determine whether or not what the president and the Congress are doing are consistent with the Constitution," Napolitano said.
When asked about the number of federal judges currently serving, Napolitano estimated that there were approximately 1,000, including district, trial, and circuit court judges.
The discussion comes amid a push by some House Republicans to bring impeachment articles against federal judges who have ruled against the Trump administration.
Lawmakers, including Reps. Eli Crane, R-Ariz., and Andrew Clyde, R-Ga., are preparing impeachment resolutions targeting judges whose rulings have blocked Trump administration policies.
The effort follows tech billionaire Elon Musk's call for a "wave of judicial impeachments," WJTV News 12 reported.
When asked whether the seven judges who have ruled against the administration should be impeached, Napolitano firmly rejected the idea.
"The concept of 'they should be impeached because we disagree with them,' that's outrageous," he said.
He further noted that the appropriate course of action when a ruling is contested is to appeal the decision.
"Even the president has acknowledged that if I don't like what they did, I'm going to appeal," Napolitano said.
Higbie pressed Napolitano on whether judges should be removed if their decisions halt the president's ability to act, but Napolitano remained steadfast in his defense of judicial independence.
"No, of course not," he said. "Because the Constitution says the basis for impeachment... has to be a crime — treason, bribery, or other high crime or misdemeanor."
Critics of the judiciary's broad authority argue that judges lack sufficient accountability. Napolitano acknowledged this characteristic but maintained it was intentional.
"Correct. It's the anti-democratic branch of the government. Its job is to enforce the Constitution, whether it's popular or not," he said.
The debate over judicial impeachments has intensified as Trump administration officials and allies claim that judges in liberal districts are "abusing their power" to obstruct executive authority.
White House press secretary Karoline Leavitt said Wednesday that district court judges nationwide were engaging in overreach. At the same time, Rep. Marjorie Taylor Greene, R-Ga., vowed to hold judges "accountable" for rulings against administration policies.
Despite political pressure, Napolitano reinforced the judiciary's role as a neutral arbiter of constitutional law, stressing that impeachment should not be used as a partisan weapon against unfavorable rulings.
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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