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Trump's Views on Judges and the Courts Are Tying Republicans in Congress in Knots

Most congressional Republicans know very well that Trump's attacking law firms and judges is illegal at best and unconstitutional at worst, but are scared to say anything out loud. They are especially wary of actions he wants them to take, like impeaching judges he doesn't like. In Trump v1.0, there were numerous generals and others who talked Trump out of some of his crazy ideas, so the problems never got to Congress. Those people are completely absent in Trump v2.0. In fact, his second administration is filled with people who actively want to push the law to the breaking point and then some... and then keep pushing, just to see if anyone stops them.

But congressional leaders know that while sometimes Trump forgets what he wants and moves on to the next thing, sometimes he doesn't move on. Impeaching judges he dislikes in order to intimidate other judges seems to be one of these cases. So they have to decide how to proceed. Senate Judiciary Chairman Chuck Grassley (R-IA) is a conservative, but he is not crazy. He knows that it takes a two-thirds majority of the Senate to convict an impeached judge and that will never happen on account of a ruling that makes Trump cranky. Only eight judges have been convicted and removed from office in all of U.S. history, and those were for nonpartisan actual crimes like bribery, fraud, perjury, and tax evasion. Nevertheless, Grassley is preparing to hold Senate hearings on "judicial power." Grassley believes in the rule of law and will probably try to drag out the hearings until Trump has moved on and then issue a report saying that judges must follow the law, and not make new law (except, of course, the Supreme Court, which makes new law all the time).

Over in the House, Judiciary Committee Chairman Jim Jordan (R-OH), who unlike Grassley has a law degree (although he never took the bar exam), is also going to hold hearings. Also unlike Grassley, Jordan is a firebrand and grandstander, so his hearings are likely to be explosive, with the goal of making Trump want to watch them.

Speaker Mike Johnson (R-LA) and Senate Majority Leader John Thune (R-SD) want all this to go away. Thune has a good excuse: "Only the House can impeach someone." Johnson has a different excuse. He is trying to get a giant tax-immigration-energy-and-everything-else bill passed, which won't be easy with the tiny House margin. Nothing is likely to come of this unless Trump pushes very hard on it and Johnson can't talk him out of it, despite an impeachment delaying the bill Trump wants for weeks, if not longer. (V)



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