An Obama-appointed federal judge is under intense scrutiny after allegedly approving a Justice Department operation that secretly targeted the private phone data of multiple Republican lawmakers — an action experts say may have violated federal law.
According to records obtained by the Senate Judiciary Committee, Chief Judge James Boasberg of the U.S. District Court for the District of Columbia signed off on orders in 2023 that prevented cell phone carriers from notifying 11 Republican members of Congress about subpoenas issued by Special Counsel Jack Smith. The subpoenas sought phone records from January 4 and January 7, 2021, as part of Smith’s ongoing investigation into alleged efforts to overturn the 2020 presidential election.
The subpoenas requested data including “records for inbound and outbound calls, text messages, direct connect, and voicemail messages” — though not the actual content of messages — according to documentation released by Sen. Chuck Grassley (R-IA).
Judge Boasberg justified the secrecy orders by claiming that disclosure “could result in the destruction of or tampering with evidence.”
However, Mike Fragoso, a former chief counsel to Senate Republican Leader Mitch McConnell, noted that the move could constitute a breach of federal law if it involved official congressional communications. Under federal statute, service providers for Senate offices “shall not be barred, through operation of any court order or any statutory provision, from notifying the Senate office of any legal process seeking disclosure of Senate data.”
“If Smith or Boasberg violated that statute, it’s a very serious problem that probably justifies a bar investigation and could predicate an impeachment inquiry,” Fragoso wrote on X (formerly Twitter).
Prominent conservatives quickly joined the chorus of outrage. Sen. Ted Cruz (R-TX) called for Judge Boasberg’s impeachment, accusing him of weaponizing the judiciary against political opponents.
“I am, right now, calling on the House of Representatives to impeach Judge Boasberg,” Cruz declared. “Mark my words: there will be accountability for these partisan zealots who sought to corrupt the DOJ and judiciary to attack their enemies.”
Roger Severino, vice president of domestic policy at the Heritage Foundation, condemned what he called the media’s double standard, writing, “Safe bet: all the legal ethics ‘experts’ who hounded Trump lawyers will be MIA on the proper discipline for a biased, anti-Trump judge defying a federal statute.”
According to Grassley’s records, the subpoenas targeted several high-profile Republicans, including Sens. Ron Johnson (WI), Lindsey Graham (SC), Josh Hawley (MO), Dan Sullivan (AK), Ted Cruz (TX), Marsha Blackburn (TN), Bill Hagerty (TN), Cynthia Lummis (WY), Rick Scott (FL), Tommy Tuberville (AL), and Rep. Mike Kelly (PA).
“Congress enacts laws,” wrote Jason Foster, founder of Empower Oversight, on X. “The perma-Executive and Judicial Branches simply ignore them. If your elected Congress can’t or won’t control unelected bureaucrats in D.C., then representative government is merely an illusion.”
Telecom companies received the subpoenas but responded differently. AT&T reported it declined to comply, questioning the legal basis of Smith’s request. “When AT&T raised questions with the Special Counsel’s office concerning the legal basis for seeking records of members of Congress, the Special Counsel did not pursue the subpoena further,” the company wrote in an Oct. 24 letter to Grassley.
Verizon, however, complied, stating the subpoena was “facially valid” but said it would revise its internal review procedures for future cases.
Sen. Lindsey Graham (R-SC) blasted both Boasberg and Verizon, calling the actions “legal slander.” “My carrier, Verizon, was extremely irresponsible by complying with this subpoena,” Graham said Friday. “They should have followed AT&T’s example. This violates the Speech and Debate Clause of the U.S. Constitution.” He also demanded a “Watergate-style investigation” into the potential misconduct.
The backlash has spurred multiple impeachment calls. The House Freedom Caucus and several lawmakers, including Reps. Brandon Gill (TX) and Chip Roy (TX), have expressed support for ousting Boasberg. Gill, who previously introduced impeachment articles against the judge in March, confirmed Wednesday that he is “working” on new ones.
“Judge Boasberg should absolutely be impeached,” Article III Project President Mike Davis told Laura Ingraham. “His rulings aren’t just lawless — they’re dangerous. This is part of a pattern.”
Sen. Eric Schmitt (R-MO) added that Boasberg is “openly biased, gone rogue, and likely broken the law.”
In response, Smith’s attorneys, Lanny Breuer and Peter Koski, defended the subpoenas in an Oct. 21 letter to Grassley, insisting they were “entirely proper, lawful, and consistent with established Department of Justice policy.”
“Mr. Smith’s actions as Special Counsel were consistent with the decisions of a prosecutor who has devoted his career to following the facts and the law, without fear or favor and without regard for the political consequences,” they wrote.
Smith ultimately dropped the investigation after Donald Trump’s victory in the 2024 presidential election.
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