Cruz Calls for Impeachment of Federal Judges
During a Senate hearing on Wednesday, Senator Ted Cruz (R-Texas) urged Congress to impeach two federal judges, presenting his most detailed case for this unorthodox sanction against two prominent lawyers.
Cruz recognized that impeaching federal judges is quite uncommon—only 15 have been impeached in U.S. history, typically for clear criminal acts like bribery. However, he argued that Judges James Boasberg and Deborah Boardman deserved this action. He stated, “Throughout history, misconduct fitting for impeachment doesn’t always equate to a conventional crime.” He emphasized that judges could undermine public trust or the constitutional framework without necessarily breaking the law.
Cruz, who is part of the House Judiciary Committee and has a notable legal background, suggested that impeachment procedures should commence in the House due to Boasberg’s controversial gag order signed in 2023 and Boardman’s ruling last year regarding an assassination attempt on Justice Brett Kavanaugh.
Typically, the House initiates impeachment through its Judiciary Committee. When asked, Russell Dye, a representative for the committee, mentioned, “Everything is on the table,” indicating that Chairman Jim Jordan (R-Ohio) might be receptive to the idea. A House vote in favor of impeachment would then move to the Senate, where a two-thirds majority would be necessary for conviction, which is unlikely without some Democratic support.
Senator Sheldon Whitehouse (D-R.I.), Cruz’s adversary in the hearing, defended the judges and accused Republicans of using the threat of impeachment to intimidate judiciary members who often rule against the Trump administration. “It’s concerning that the Senate Judiciary Subcommittee has become part of a tactic to pressure federal judges,” he remarked.
In Boardman’s case, she sentenced Sophie Roethke—formerly known as Nicholas Roethke—to eight years in prison after the Justice Department requested a 30-year term for an attempt on Kavanaugh’s life. Boardman explained that Roethke faced unique adversities as a transgender individual, which factored into her decision.
Cruz challenged Democrats for not addressing threats judges face for ruling against Trump, claiming they overlooked Boardman’s leniency. “There’s a contradiction when you speak against violence but condone lighter sentencing if the perpetrator is transgender,” he noted.
Turning to Boasberg, Cruz brought up how former special counsel Jack Smith had subpoenaed phone records from several Republican congress members in connection with Trump’s actions regarding the 2020 election and Jan. 6 Capitol incident. Boasberg had approved a gag order stopping immediate notification of senators about the subpoena.
Despite gag orders being common practice, senators enjoy constitutional protections against such actions. Some targeted Republicans have expressed that their rights were infringed upon.
Testifying for the Republicans, law professor Rob Luther from George Mason University criticized Boasberg for signing the gag order without knowledge of its implications for Congress members. He raised questions about the basis for the gag order and whether it was hastily approved.
Cruz emphasized that Smith’s actions mirrored Justice Department policy, which didn’t obligate the special counsel to inform the court of the subpoena’s targeting of senators—a point reiterated by Senator John Kennedy (R-Louisiana) during the hearing. However, Luther argued that policy considerations can’t override federal law.
