Republican senators have issued a torrent of criticism against U.S. District Judge James Boasberg after it was revealed that he signed off on subpoenas and gag orders as part of former Special Counsel Jack Smith’s investigation. The redacted documents, released by Sen. Chuck Grassley, R-Iowa, included subpoenas for 10 senators and gag orders for major phone carriers, prompting calls for Boasberg’s impeachment and accusations of judicial overreach.
Sen. Ted Cruz, R-Texas, and Marsha Blackburn, R-Tenn., were among the GOP lawmakers who blasted Boasberg as an ‘activist’ judge, with Cruz suggesting he should be impeached. Cruz, known for his strong anti-Biden stance, called the investigation ‘worse than Watergate’ and a gross violation of prosecutorial powers, despite the judge’s compliance with local court rules.
At the heart of the controversy were subpoenas and gag orders issued by Jack Smith’s team as part of its probe into Donald Trump’s actions following the 2020 election. The documents, which were made public this week, included requests for phone records of 10 senators and one House member, with gag orders instructing Verizon and AT&T not to notify lawmakers of the subpoenas. While Verizon complied, AT&T did not, adding to the senators’ outrage.
Boasberg’s role as chief judge for the D.C. federal court meant he had the authority to issue these orders, as local rules require the chief judge to oversee all grand jury proceedings. The criticism highlights a broader political dispute over the scope of judicial oversight in high-profile investigations, with some Republicans arguing that the legal process was being weaponized against their colleagues.
In addition to the political fallout, Boasberg has also drawn attention for his actions in blocking Trump’s use of a 1798 wartime law to deport Venezuelan nationals to a maximum security prison in El Salvador. His court order, issued in March, has since become a focal point of Trump’s legal battles, further entangling him in contentious political and judicial disputes.
Jack Smith and his team have defended the subpoena of Republican senators’ phone records, stating it was ‘entirely proper’ and aligned with Justice Department policy. The subpoena included call detail records for a four-day period around the Jan. 6 Capitol riot but did not include the contents of calls or messages, which would require a warrant. These actions underline the legal challenges of balancing investigative oversight with individual privacy and political accountability.