Amidst rising tensions within the political and judicial arenas, a coalition of Senate Republicans spearheaded by Missouri Senator Eric Schmitt has taken the significant step of formally requesting the administrative suspension of Chief Judge James Boasberg of the U.S. District Court for the District of Columbia. This move comes as the House of Representatives contemplates whether to advance with impeachment proceedings against the judge.
The request, articulated in a letter dated Monday and directed to D.C. Circuit Chief Judge Sri Srinivasan, was supported by Senators Mike Lee (R-UT), Tommy Tuberville (R-AL), Lindsey Graham (R-SC), Kevin Cramer (R-ND), and Bill Hagerty (R-TN). The senators articulated their diminished confidence in the judiciary, a sentiment rooted in Boasberg's management of legal matters associated with the FBI's acquisition of lawmakers' phone records and other legal activities linked to former President Donald Trump.
Central to the senators' concerns are recent impeachment articles lodged by Rep. Brandon Gill (R-TX) on November 4, alleging that Judge Boasberg improperly authorized nondisclosure orders to major cellular and technology companies, including AT&T, Verizon, Apple, and Meta, during the FBI's "Arctic Frost" investigation under the Biden administration. Whistleblowers and documents obtained by Iowa Senator Chuck Grassley (R) have revealed that at least 13 members of Congress were subject to subpoenas as part of this investigation, which preceded two federal indictments against President Trump.
The senators' letter also refers to a case, In re: Sealed Case, where Srinivasan's court overturned Boasberg's decision to grant nondisclosure orders against X Corp. This, along with a Supreme Court decision in Trump v. J.G.G. that found Boasberg "lacked jurisdiction" in a case regarding the deportation of Venezuelan gang members, and a misconduct complaint alleging unsolicited discussion at a Judicial Conference meeting, are cited as part of a "pattern" warranting immediate action.
The letter requests a detailed update on the status of a formal judicial misconduct complaint filed on July 28 by the Department of Justice and inquires why Boasberg has not already faced administrative suspension. The senators draw on the precedent set by the administrative suspension of former Louisiana federal judge G. Thomas Porteous during his impeachment inquiry to support their request.
The request for suspension follows revelations from the FBI's "Arctic Frost" investigation, which involved 197 subpoenas and targeted over 430 Republican figures and entities. The senators' letter concludes by calling for a comprehensive and transparent response from Chief Judge Srinivasan while the impeachment process continues, emphasizing the importance of maintaining public trust in the judiciary.
As the House deliberates on moving forward with impeachment, the senators' request places significant pressure on Chief Judge Srinivasan to address the concerns surrounding Boasberg's conduct and the unresolved misconduct complaint. The Republican senators insist that the integrity of the judiciary is at stake, and the coming weeks will be pivotal in determining whether Chief Judge Srinivasan will suspend a sitting federal judge while Congress considers impeachment—a decision that could potentially lead to a constitutional confrontation and reshape oversight of the federal bench.
