Far-right legal activist Mike Davis is calling on Republican lawmakers to ramp up pressure on the judiciary, even going so far as to suggest threatening judges with impeachment if they obstruct President Donald Trump’s agenda. Speaking to Steve Bannon on his War Room show, Davis — a former law clerk to Supreme Court Justice Neil Gorsuch — accused judges of actively sabotaging Trump’s executive authority.
“It’s really important that the House and Senate step up and rein in these activist judges who are sabotaging the president’s Article II executive powers,” Davis said. “They think they’re the last line of resistance because they lost the election.”
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Many of the judges who have ruled against Trump’s policies, however, were appointed by Trump himself — raising questions about Davis’s blanket accusations of judicial activism. Bannon pushed further, expressing frustration over reports that Speaker of the House Mike Johnson was hesitant to pursue impeachment. “But hang on, the left’s going crazy right now or blowing up,” Bannon said.
“Specifically, to the best of your ability, has the head of the Judiciary Committee and the Speaker of the House committed to… I’m talking about the impeachment. Johnson, it’s been reported that he doesn’t want to do impeachment.”
Davis responded, emphasizing the importance of keeping impeachment on the table as a tool of intimidation. “What we can’t do is, we cannot take the impeachment probe off the table,” he said. “That is important to have that leverage, that is important to have that Sword of Damocles over the judiciary’s head … if you don’t have that leverage, you’re not going to get the chief justice’s attention.”
Davis also floated the idea of defunding courts—an approach Republicans tried in Kansas in 2015 when state courts blocked legislation backed by the governor. That move caused a constitutional crisis and was quickly abandoned.
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The overarching goal, Davis said, is to make Chief Justice John Roberts “panic” and prevent further judicial rulings that stand in the way of Trump’s efforts to overhaul the federal government.
In response to escalating rhetoric targeting the courts, Roberts issued a rare public statement defending the independence of the judiciary. “[I]mpeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said. “The normal appellate review process exists for that purpose.”
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