'Futile exercise': House GOP push to impeach judges blocking Trump fizzles out

There appears to be little appetite within the House GOP to pursue the impeachment of judges who have blocked President Donald Trump's agenda.

Republican lawmakers are instead coalescing around a bill led by Rep. Darrell Issa, R-Calif., to limit the ability of U.S. district court judges to issue nationwide injunctions that's due for a House floor vote next week.

One House GOP lawmaker at Tuesday morning's closed-door Republican conference meeting said Speaker Mike Johnson, R-La., signaled Issa's bill would be a more effective message against who they view as "activist" judges.

"There was some innuendo there that, you know, impeachment has been reserved for judges with high crimes and misdemeanors, not because you disagree with his decisions," the lawmaker said of Johnson's message. 

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Speaker Mike Johnson is gathering House GOP support for a bill to block judges from issuing US-wide bans on Trump's agenda. (Getty Images)

House GOP Policy Conference Chair Kevin Hern, R-Okla., said, "I don't think so," when asked if impeachment was a realistic effort.

"I think it's probably a mixed bag out there right now," he said, adding that Issa's bill was the best option he could see.

Johnson himself did not directly comment on impeachment when asked during his weekly press conference on Tuesday, but said the House Judiciary Committee was "looking at alternatives."

"One of the bills that I really like, that's already been through committee, was authored by Representative Darrell Issa. And that would limit the scope of federal injunctions," Johnson said. "It would be, in my view, a dramatic improvement on that."

Several conservatives have introduced resolutions to impeach various judges who have blocked Trump's agenda. 

One such effort that's garnered significant attention is a resolution by Rep. Brandon Gill, R-Texas, to impeach U.S. District Judge James Boasberg. Boasberg is currently locked in a legal showdown with the Department of Justice (DOJ) over the Trump administration's deportation of suspected Tren De Aragua gang members under the Alien Enemies Act.

Trump previously called for Boasberg's impeachment but has said little on the specific issue since then. 

Issa attends the Republican National Convention at the Fiserv Forum on July 17, 2024, in Milwaukee. (Andrew Harnik/Getty Images)

He has been adamant that Republicans should take on activist judges, however, and Fox News Digital was told last week that he was in favor of Issa's bill.

Conservatives could attempt to force House GOP leaders to act by classifying their impeachment legislation as a "privileged resolution," meaning the House must hold at least a chamber-wide procedural vote on the measure within two legislative days.

Gill told Fox News Digital on Tuesday morning that he had no current plans to make his resolution privileged, and he was supportive of Johnson and House Judiciary Chairman Jim Jordan, R-Ohio, in handling the matter.

"I don't think we should take anything off the table. But right now, we're working with leadership. Johnson's doing a great job, and so is [Rep. Chip Roy, R-Texas] and Jim Jordan on the Judiciary Committee," Gill said.

Support for his resolution has continued to grow, however. Three Republicans signed on to formally support Gill's push on Monday.

Rep. Andy Ogles, R-Tenn., who has introduced his own impeachment resolution, told Fox News Digital, "I think we should hold impeachment regardless of what the Senate does or doesn't do…we should do the people's work, which is impeach those bastards."

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Freshman GOP Rep. Brandon Gill is leading a push to impeach US District Judge Boasberg. (Getty Images)

But even people who said they would back impeachment are skeptical it will pass.

"It's kind of a futile exercise, because we don't have the votes in the Senate [to remove a judge]," a conservative House GOP lawmaker said Monday night. "It's more of a, ‘Hey, stay in your lane, you’re not the president.' And I think if anything, let's put some pressure on the Supreme Court to take up one of these injunctions."

That conservative added that they would "absolutely" vote for impeachment if it came to the floor.

Rep. Abe Hamadeh, R-Ariz., who co-signed Gill's resolution, told Fox News Digital on Monday night that he would support both impeachment and Issa's bill moving to the House floor, but was skeptical of the former succeeding.

"I think impeachment obviously is unlikely because of the Senate…but it signals that, you know, these judges are out of control and not following the law," Hamadeh explained. "I think it's the smart approach to do both right now, but it seems like the solution, [the No Rogue Rulings Act], that's likely to get broad support."

U.S. District Court Judge James Boasberg pictured in his chambers. (Getty)

And with House Republicans' razor-thin majority, it's not clear that an impeachment resolution would even succeed.

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"We shouldn't lower the standard for impeachment, but we should – ‘we’ meaning Congress – should provide a remedy for district court judges who totally overreach," Rep. Nick LaLota, R-N.Y., said.

Another House Republican who declined to be named said they were "totally opposed" to impeachment.

"That's what the appeals process is for," they said.

The House Judiciary Committee is holding a hearing early next week on activist judges, and that's expected to be followed by a House-wide vote on Issa's bill.