An anti-Trump Democrat-aligned federal judge is facing mounting backlash after approving a Biden DOJ-backed effort to secretly obtain the private cell phone data of 11 Republican senators, a move legal experts say may have violated federal law.
Chief Judge James Boasberg of the D.C. District Court, a Barack Obama appointee, reportedly signed secret orders in 2023 preventing cell carriers from notifying Republican lawmakers about special counsel Jack Smith’s subpoenas.
Those subpoenas sought phone records from January 4 and 7, 2021, as part of Smith’s investigation into President Donald Trump’s challenge of the 2020 election results.
The subpoenas demanded “detailed records for inbound and outbound calls, text messages, direct connect, and voicemail messages” from multiple Republican senators.
However, they did not seek message content, according to documents released by Senate Judiciary Chair Chuck Grassley (R-IA).
Boasberg justified his secrecy order by claiming that disclosure could “result in destruction of or tampering with evidence,” the records show.
But critics say the move itself may have been illegal.
Legal Experts Sound Alarm
Mike Fragoso, former chief counsel to Senate GOP Leader Mitch McConnell, said the orders may have violated federal law protecting congressional communications.
“If Smith or Boasberg violated that statute, it’s a very serious problem that probably justifies a bar investigation and could predicate an impeachment inquiry,” Fragoso wrote on X.
If this phone was an official phone (I suspect it was), then this was likely in violation of 2 U.S.C. 6628. If Smith or Boasberg violated that statute, it’s a very serious problem that probably justifies a bar investigation and could predicate an impeachment inquiry. https://t.co/5MFrgdz2i8
— Mike Fragoso (@mike_frags) October 29, 2025
Federal law explicitly prohibits any court order that prevents Senate offices from being notified of subpoenas seeking disclosure of official communications.
Sen. Ted Cruz (R-TX) called for Boasberg’s immediate impeachment.
“I am, right now, calling on the House of Representatives to impeach Judge Boasberg,” Cruz wrote on X.
“Mark my words: there will be accountability for these partisan zealots who sought to corrupt the DOJ and judiciary to attack their enemies.”
I am, right now, calling on the House of Representatives to impeach Judge Boasberg.
Mark my words: there will be accountability for these partisan zealots who sought to corrupt the DOJ and judiciary to attack their enemies. pic.twitter.com/J8lkD1fvmL
— Senator Ted Cruz (@SenTedCruz) October 29, 2025
Heritage Foundation Vice President Roger Severino accused the judiciary of hypocrisy, noting that ethics watchdogs who attacked Trump-aligned lawyers have gone silent on Boasberg.
“Safe bet: All the legal ethics ‘experts’ trotted out on CNN who mercilessly hounded @JeffClarkUS and @DrJohnEastman for giving legal advice around Jan. 6th will be MIA on the issue of the proper discipline for actual defiance of a federal statute by a biased anti-Trump judge,” Severino wrote.
Phone Companies Pushed Back
The subpoenas targeted Sens. Ron Johnson (R-WI), Lindsey Graham (R-SC), Josh Hawley (R-MO), Dan Sullivan (R-AK), Ted Cruz (R-TX), Marsha Blackburn (R-TN), Bill Hagerty (R-TN), Cynthia Lummis (R-WY), Rick Scott (R-FL), and Tommy Tuberville (R-AL), along with Rep. Mike Kelly (R-PA).
AT&T confirmed it refused to comply with Smith’s demands.
“When AT&T raised questions with the Special Counsel Smith’s office concerning the legal basis for seeking records of members of Congress, the Special Counsel did not pursue the subpoena further, and no records were produced,” the company told Grassley in an October 24 letter.
Verizon, however, said it complied because the subpoena was “facially valid,” though it plans to review its procedures.
Republicans Demand Accountability
Cruz renewed his impeachment call at a Wednesday press conference.
“Judge Boasberg put his robe down, stood up and said, ‘Sign me up to be part of the partisan vendetta against 20% of Republicans in the Senate,’” Cruz said.
“Mark my words: there will be accountability.”
Sen. Lindsey Graham (R-SC) called Boasberg’s actions “legal slander,” demanding a “Watergate-style investigation” into the judge and special counsel.
“My carrier, Verizon, was extremely irresponsible by complying with this subpoena,” Graham said Friday.
“Instead, they should have followed AT&T’s example and declined to turn over the records because it is a violation of the speech and debate clause of the U.S. Constitution.
“I also expect the House of Representatives to investigate Judge Boasberg’s potential misconduct, which could be grounds for his impeachment.”
The House Freedom Caucus joined the calls, posting simply: “IMPEACH JUDGE BOASBERG.”
Mike Davis, president of the Article III Project, told Fox’s Laura Ingraham the situation is part of a broader pattern of political bias.
“Jeb Boasberg should definitely be impeached by the House of Representatives because not only are his rulings lawless, extremely lawless, they’re extremely dangerous,” Davis said.
Several lawmakers have already indicated that articles of impeachment are being drafted, including Rep. Brandon Gill (R-TX), who said Wednesday he is “working” on a resolution.
DOJ Defends Jack Smith
Smith’s attorneys pushed back against the accusations, insisting his subpoenas were legitimate and lawful.
“The subpoena for toll records was entirely proper, lawful, and consistent with established Department of Justice policy,” attorneys Lanny Breuer and Peter Koski wrote in an October 21 letter to Grassley.
“Mr. Smith’s actions as Special Counsel were consistent with the decisions of a prosecutor who has devoted his career to following the facts and the law, without fear or favor and without regard for the political consequences.”
Smith ultimately dropped his case after President Donald Trump’s 2024 re-election, citing Justice Department policy that discourages prosecuting sitting presidents.
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