Republican Senators Criticize Judge Boasberg Over Subpoenas
This week, Republican senators criticized U.S. District Judge James Boasberg after it came to light that he had agreed to subpoenas and gag orders from former special counsel Jack Smith related to his investigation. A brief look at the court’s rules indicates that the situation may not be as serious as some lawmakers suggest.
Senators Ted Cruz (R-Texas) and Marsha Blackburn (R-Texas) labeled Boasberg an “activist” judge, with Cruz even suggesting he should face impeachment. Cruz expressed frustration, saying, “My guess is that Judge Boasberg printed these things out one after another, like Denny’s placemats.”
The controversy centers on subpoenas and gag orders produced by Jack Smith’s team investigating former President Donald Trump’s conduct following the 2020 election. This week, redacted documents were made public by Sen. Chuck Grassley (R-Iowa), which included requests for phone records from ten senators and one representative. The documents also detailed gag orders aimed at Verizon and AT&T to prevent them from informing those senators about the subpoenas—Verizon complied while AT&T did not.
Both the subpoena and the gag order were signed by Judge Boasberg, drawing sharp criticism from several Republican lawmakers, including Cruz, who compared the investigation to “worse than Watergate.” Blackburn joined in, emphasizing Boasberg’s activist judicial stance and calling for his impeachment.
Interestingly, the role of Judge Boasberg isn’t out of the ordinary. Federal court rules in Washington, D.C., state that the presiding judge is required to “hear and decide all proceedings before a grand jury.” The documents in question were signed in May 2023, shortly after Boasberg became the chief judge.
It remains uncertain whether Cruz and Blackburn were aware of this rule; they did not respond to inquiries for comment. This isn’t the first time Boasberg has pointed out oversights like these. In June 2023, he partially granted media requests to unseal redacted documents concerning former Vice President Mike Pence’s subpoena, citing requests from journalists for records that Pence had publicly addressed.
Currently, Boasberg finds himself under scrutiny from Trump following a temporary restraining order he issued in March, which prevented the use of a 1798 law to deport numerous Venezuelans to a maximum-security facility in El Salvador. Until then, Boasberg had mostly flown under the radar.
Jack Smith, the special counsel, has defended his decision to subpoena the phone records of Republican lawmakers. He stated that the report covered four days’ worth of records related to the January 6 Capitol riot. It’s worth noting that the subpoenas didn’t seek the content of calls or messages, which would necessitate a warrant. However, they did include detailed logs of incoming and outgoing calls, text messages, voicemails, along with subscriber and payment information.
In a recent letter to senators, Smith’s legal team emphasized that the actions taken were “entirely appropriate” and aligned with Ministry of Justice policies.
