A Republican ally of Donald Trump has moved to impeach a federal judge who blocked a team set up by the president and spearheaded by billionaire Elon Musk from accessing US Treasury Department systems responsible for trillions of dollars in payments. Congressman Derrick Van Orden on Tuesday filed a resolution in the House of Representatives seeking to have US District Judge Paul Engelmayer in Manhattan removed from office following calls by Musk and several conservative lawmakers for judges to be impeached after stymieing key parts of Trump’s agenda.
Van Orden’s resolution accused the judge of judicial misconduct and abuse of power.
In order to be removed from office, the House must pass by a simple majority vote an article of impeachment accusing Engelmayer of a crime and then the Senate must then vote by at least a two-thirds majority to convict the judge. Republicans control both chambers of Congress but do not have a two-thirds majority in the Senate. Engelmayer, an appointee of Democratic former President Barack Obama, drew Musk’s scorn after temporarily blocking Musk’s Department of Government Efficiency, or DOGE, from accessing Treasury Department systems in a lawsuit brought by 19 Democratic state attorneys general. That decision and rulings by other judges have prompted Trump, Musk and their conservative allies to sharply criticize judges who have ruled against the Republican president’s policies, fueling concerns about whether his administration will abide by judicial rulings.
Van Orden and Engelmayer did not immediately respond to requests for comment. Judges rarely speak publicly about matters concerning pending litigation.
Trump has put Musk, the world’s wealthiest person, in charge of his efforts to downsize and overhaul the federal government. Musk has called for a “wave of judicial impeachments.” Two conservative lawmakers have announced plans to introduce articles of impeachment against US District Judge John McConnell of Rhode Island, who blocked Trump’s administration from freezing federal funding, as well as Engelmayer.
Van Orden, whose reelection bid last year received Trump’s endorsement, was the first member of Congress to formally do so, accusing Engelmayer in his resolution of committing high crimes and misdemeanors. He is the resolution’s sole sponsor.
Van Orden in his resolution accused Engelmayer of ruling against DOGE and Trump “on purely political grounds, demonstrating clear bias and prejudice against the president and the 74,000,000 Americans who voted for him.”
Marin Levy, a Duke University School of Law professor who studies the federal judiciary, said impeachment under the US Constitution is supposed to be reserved for serious misconduct, not disappointment with court decisions, which can be appealed.
“Articles of impeachment filed against judges who are simply performing their constitutional role represent an attempt to politicize the judiciary and quite frankly to intimidate judges,” Levy said.
Impeachments of federal judges are rare: Only 15 have ever been impeached in US history, and only eight have been convicted by the Senate, most recently in 2010. Such impeachments in modern history have typically related to criminal or bribery offenses.
Republicans have a 53-47 majority in the Senate, meaning some Democrats would need to vote for impeachment in order to remove the judge from the bench. US Chief Justice John Roberts in a year-end report issued on December 31 defending the judiciary’s independence described a threat by an unnamed elected official to impeach a judge over her decisions as a regrettable example of “recent attempts to intimidate judges.”