Federal Judges Wrong To Think They Can Appoint Themselves President

How anybody could want to bring back criminal foreign gang members, such as MS-13 and Tren de Aragua, is truly hard to believe.

National Archives via Wikimedia Commons
Judge James Boasberg at Washington, September 15, 2023. National Archives via Wikimedia Commons

Federal judges can’t appoint themselves President.

By now, all sensible people will have heard about the judge who tried to stop the two plane-loads of illegal immigrants being deported to El Salvador.

I think the judge is nuts. And I’m no lawyer, but I still think he’s nuts.

These are murderers, kidnappers, sexual abusers of children, guilty of aggravated assault, including of police officers, prostitution, robbery.

The judge is James Boasberg — the chief judge of the federal district court of D.C. — appointed by President Obama.

What a surprise.

By the way, it’s a judge who favorably reviewed FBI director James Comey’s memoirs that endorsed the “Russia Russia Russia” hoax.

How anybody could want to bring back criminal foreign gang members, such as MS-13 and Tren de Aragua, is truly hard to believe.

Yet that’s Judge Boasberg for you.

President Trump is kicking them out of the country, based on the Alien Enemies Act of 1798, and based on common sense.

Only there’s even more to this crazy story.

In a superb editorial from The New York Sun, entitled “Federal Judge Appoints Himself President” — a title that comes from a wonderful satire from the Babylon Bee — the Sun reminds us about the the burden of proof and the standard of proof…

Marked in the policy manual for the U.S. Citizenship and Immigration Services, it says: “in matters involving immigration benefits, the applicant always has the burden of proving that he or she is eligible to receive the immigration benefit sought.”

This burden of proof argument applies to the Venezuelan criminals sent packing to a brutal El Salvador jail.

Yet it could also apply to the Columbia anti-Semite Mahmoud Khalil, who is now sitting in jail in Louisiana.

And then there’s the even broader notion satirized by the Babylon Bee’s “federal judge appoints himself President” headline.

And that is: how can a federal judge, from one geographical district, set law for the whole country or prevent executive decisions by the President — who was elected by the whole country?

As The New York Sun tells us: “President Trump notes in a recent Supreme Court petition, that more such national injunctions were handed down last month alone than in all of President Biden’s first term.”

Message to Judge Boasberg: you cannot appoint yourself President.

From Mr. Kudlow’s broadcast on Fox Business Network.


The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  Create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use