Judicial Misconduct Complaint Filed Against Judge Boasberg
A watchdog group lodged a complaint on Tuesday against Judge James Boasberg, alleging inappropriate communication with officials from the Biden Justice Department about a broad investigation involving former President Donald Trump and his associates.
The complaint, submitted by the conservative group Center for the Advancement of American Security, accuses Boasberg of “alleged judicial misconduct” for conferring with Justice Department members regarding Arctic Frost, the FBI probe that led to indictments against Trump related to the 2020 election.
This complaint references details from the Justice Department, specifically meeting notes. The Senate Judiciary Committee’s recent 2023 report mentioned gatherings that occurred between Boasberg, Mr. Obama’s appointee, and Judge Beryl Howell, as they were discussing a separate investigation into Trump’s classified documents handling. CASA’s filing in Washington, D.C.’s Court of Appeals aligns with rising tensions between Republicans and Democratic-appointed judges managing significant proceedings in Trump’s case.
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CASA argues that both Boasberg and Howell were inappropriately involved in discussions about how to strategize the investigation prior to any charges being laid against Trump. At that time, Boasberg was set to take over as chief justice of the federal court, with Howell stepping down. CASA had recently filed a similar complaint against Howell, and Republican watchdogs have requested an investigation into Boasberg.
“The evidence strongly suggests that Mr. Boasberg breached judicial ethics; thus, an immediate investigation is warranted,” remarked CASA’s Director of Research and Policy, Curtis Schube.
Documents released by the Senate committee included memos indicating that Smith’s team briefed Attorney General Merrick Garland shortly after he appointed Smith as special counsel. These memos noted a meeting scheduled between Boasberg and Howell, the latter known for her negative rulings against Trump.
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In a press note, Mr. Smith’s team mentioned that they appreciated the decision to seek an omnibus case regarding executive privilege. Typically, omnibus motions consolidate various cases to make legal processing more efficient. The memo also referenced a meeting set with Boasberg on March 18, 2023, right after he became chief justice.
CASA pointed out that Boasberg has been signing numerous nondisclosure orders, which prevented phone and tech companies from informing Republican figures when Smith’s team sought records and data. This includes Republican lawmakers who consistently criticized Boasberg and the Biden Justice Department, accusing them of infringing on the Constitution’s speech and debate clause.
The U.S. Administrative Office of Courts indicated that standard practice means Boasberg would not know who the gag orders affected since prosecutors did not disclose the subpoena numbers to him. Smith has defended his practices and stated that he adhered to Justice Department policy on subpoenas.
CASA maintains that judicial immunity has its limits under federal law.
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“There’s no scenario that justifies a law protecting judges who meet with potential litigants to plot future case strategies,” Schube noted. “This is particularly concerning when these discussions focus on how to imprison political opponents. Arctic Frost seems designed to achieve precisely that.”
Critics have weighed in: some view the contested meeting as indicative of collusion between judges and prosecutors targeting Trump, while others see it as a routine effort to manage a congested court system necessitated by extensive investigations.
Ultimately, Smith’s inquiry resulted in criminal charges against Trump for attempting to overturn the 2020 election and for holding classified documents. Trump condemned the investigation as a “witch hunt,” alleging corruption among all implicated, while many Republicans denounced the charges as a power abuse aimed at undermining a leading Republican presidential candidate.
Judge Eileen Cannon, appointed by Trump, found Smith’s appointment as special counsel improper, dismissing the classified documents case. Following Trump’s 2024 election victory, Smith abandoned both cases, citing Justice Department policy against prosecuting sitting presidents.
Fox News Digital reached out to Boasberg and Howell for comments.
