The federal judiciary has turned down a request for two judges facing impeachment threats from conservative lawmakers to testify before a Senate committee, as revealed in a letter acquired by the Daily Caller News Foundation.
Judge James Boasberg from the District of Columbia, along with U.S. District Judge Deborah Boardman from Maryland, chose not to appear at a Wednesday hearing titled “Impeachment: Holding Unjust Judges Accountable.”
Judge Boasberg, who was appointed by Obama, has faced criticism for a secrecy order that allowed special counsel Jack Smith to discreetly obtain cell phone data from Republican Congress members. On the other hand, Judge Boardman, appointed by Biden, gave a significantly lighter sentence—around 22 years less than what the government sought—to a would-be assassin of Justice Brett Kavanaugh, citing the individual’s transgender identity as a factor.
According to Judge Robert Conrad, the U.S. Administrator of Courts, having judges testify could breach judicial ethics and potentially “violate the separation of powers.” This point was made in a letter to Republican Senator Ted Cruz from Texas, who leads the Senate Subcommittee on Federal Courts.
Mr. Conrad noted, “If a judge is asked to appear at a hearing regarding a matter they’ve adjudicated or something under dispute, Canon 3A(6) of the U.S. Code of Conduct for Judges states that a judge should refrain from making public comments on the merits of any ongoing case.” He continued, emphasizing that the commentary remains until the appellate process wraps up.
He also pointed out that if judges were to testify about their decisions after a case has concluded, it would infringe upon judicial independence and the separation of powers.
Impeachment articles against Judge Boasberg were introduced by Republican Congressman Brandon Gill in November, following actions Boasberg took regarding a flight involving alleged gang members. Meanwhile, Congressman Chip Roy also put forth articles of impeachment against Judge Boardman in October.
In addition, Senators Chuck Grassley and Ron Johnson, along with Representative Jim Jordan, who leads the House Judiciary Committee, issued separate statements asking Judge Boasberg to explain his approval for the nondisclosure order by December 4.
