In a move that underscores the tensions between the legislative and judicial branches, Republican members of Congress have taken the significant step of filing articles of impeachment against U.S. District Judge James Boasberg. The resolution, spearheaded by Texas Representative Brandon Gill (R-TX), accuses Judge Boasberg of committing high crimes and misdemeanors by allegedly abusing his judicial authority.
The controversy centers on "Arctic Frost," an FBI operation during the Biden administration's Justice Department investigations. Judge Boasberg is said to have approved subpoenas for the phone records of nine Republican senators, a decision that has drawn sharp criticism from those within the GOP.
Senator Ted Cruz (R-TX) voiced his concerns publicly, branding Judge Boasberg as a "radical leftist judge" and urging the House to take action. Senator Marsha Blackburn (R-TN) also confirmed that her phone records were obtained and has called for Boasberg to testify before the Senate Judiciary Committee.
The articles of impeachment filed by Representative Gill allege that Judge Boasberg not only approved of these invasive measures but also issued gag orders to telecommunications companies, preventing them from informing the lawmakers in question about the seizure of their records. According to Gill, these actions by Boasberg represent a "gross violation of the separation of powers" and have eroded trust in the impartiality of the judiciary.
The impeachment resolution points to a single count of abuse of power, specifically citing the nondisclosure orders and the investigative tactics deployed in the Arctic Frost operation. This measure is grounded in the claim that the targeted surveillance was directed at Congress members performing their legislative duties, which are protected under Article 1, Section 6, Clause 1 of the U.S. Constitution.
Judge Boasberg, who was appointed by then-President Barack Obama in 2011 and became chief judge of the U.S. District Court for the District of Columbia in March 2023, finds himself at the center of a political storm. His involvement in the subpoenas connected to Arctic Frost has intensified Republican scrutiny and allegations of partisan federal overreach.
The current impeachment initiative is not the first time Representative Gill has sought to remove Boasberg from his post. Earlier in the year, Gill filed charges following a controversial decision by Boasberg related to the deportation of Venezuelan gang members, which was later reversed by a federal appeals court. Judge Neomi Rao's opinion for the court highlighted Boasberg's "abuse of the contempt power," noting serious concerns regarding the separation of powers.
Should the impeachment resolution advance, it would be subject to committee review, followed by a potential House vote and a Senate trial. Historically, impeachment proceedings against federal judges are rare, with only fifteen having been impeached since 1803 and just eight convicted.
