FIRST ON FOX: Rep. Brandon Gill, R-Texas, is formally introducing impeachment articles against U.S. District Judge James Boasberg on Tuesday for his role in the "Arctic Frost" probe.
Republican allies of President Donald Trump have been criticizing Boasberg after news broke that he was the judge who signed off on subpoenas and other measures in former special counsel Jack Smith’s probe.
"Chief Judge Boasberg has compromised the impartiality of the judiciary and created a constitutional crisis. He is shamelessly weaponizing his power against his political opponents, including Republican members of Congress who are faithfully serving the American people within their jurisdiction," Gill told Fox News Digital.
"Judge Boasberg was an accomplice in the egregious Arctic Frost scandal where he equipped the Biden DOJ to spy on Republican senators. His lack of integrity makes him clearly unfit for the gavel. I am proud to once again introduce articles of impeachment against Judge Boasberg to hold him accountable for his high crimes and misdemeanors."
MAJOR PHONE CARRIERS REVEAL JACK SMITH'S SUBPOENAS FOR REPUBLICAN SENATORS' RECORDS
Gill's resolution accused Boasberg of one count of abuse of power, according to text obtained first by Fox News Digital.
"Ignoring his responsibility to wield the power of his office in a constitutional manner, Chief Judge Boasberg granted Special Counsel John L. Smith authorization to issue frivolous nondisclosure orders in furtherance of the Federal Bureau of Investigation project codenamed ARCTIC FROST," the text said.
"These nondisclosure orders covered Members of Congress who were acting in accord with their legislative duties and privileges guaranteed by Article 1, Section 6, Clause 1 of the U.S. Constitution."
WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?
The redacted Arctic Frost documents were made public late last month by Sen. Chuck Grassley, R-Iowa. They included subpoenas of phone records for 10 senators and one House lawmaker, and gag orders sent to Verizon and AT&T instructing them not to notify lawmakers of the subpoena. Verizon complied, but AT&T did not.
Both the subpoenas and gag orders were signed by Boasberg, according to the documents — a detail that prompted fresh criticism and indignation from Republicans, including Sen. Ted Cruz, R-Texas, who blasted the investigation as "worse than Watergate" and a gross violation of prosecutorial powers.
Under the Stored Communications Act, federal judges exercise discretion in signing off on such orders — they are not automatic. It is unclear what materials Boasberg would have reviewed in this particular case before authorizing the tolling records of the senators, as much of the information and materials in the probe remain classified or are heavily redacted.
Republicans named in the subpoenas have argued they are potential violations of the speech or debate clause of the U.S. Constitution, which protects lawmakers from being arrested or questioned by law enforcement for things they say or do in their legislative roles.
Those protections are not absolute, however, and the clause remains the subject of ongoing, spirited debate over the separation of powers and what degree of protection members of Congress should enjoy from the other two branches of government.
It is not the first time Boasberg has caught negative attention from Trump or his allies.
The federal judge was the target of Republican impeachment threats earlier this year after he issued an order temporarily pausing Trump’s migrant deportation flights to El Salvador.
Gill and other GOP lawmakers pushing impeachment resolutions backed off of those threats after House Republican leaders suggested it was not the most potent route to affect change.
Republican senators issued a torrent of criticism against U.S. District Judge James Boasberg this week after it was revealed that he had signed off on subpoenas and gag orders issued as part of former Special Counsel Jack Smith’s investigation — though a cursory review of court rules suggests it is far less provocative than lawmakers have claimed.
Sens. Ted Cruz, R-Texas, and Marsha Blackburn, R-Tenn., were among the Republicans who blasted Boasberg as an "activist" judge, and Cruz, for his part, suggested Boasberg should be impeached.
"My assumption," Cruz fumed, is "that Judge Boasberg printed these things out like the placemats at Denny's — one after the other."
MAJOR PHONE CARRIERS REVEAL JACK SMITH'S SUBPOENAS FOR REPUBLICAN SENATORS' RECORDS
At issue were subpoenas and gag orders issued by former special counsel Jack Smith's team as part of its probe into President Donald Trump's actions in the wake of the 2020 election.
The redacted documents were made public this week by Sen. Chuck Grassley, R-Iowa.
They included subpoenas of phone records for 10 senators and one House lawmaker, and gag orders sent to Verizon and AT&T instructing them not to notify lawmakers of the subpoena. (Verizon complied, AT&T did not.)
Both the subpoenas and gag orders were signed by U.S. District Judge James Boasberg, according to the newly released documents — a detail that prompted fresh criticism and indignation from some of the Republicans in question, including Cruz, who blasted the investigation in question as "worse than Watergate" and a gross violation of prosecutorial powers.
Blackburn blasted Boasberg as an "activist" judge. Some lawmakers further argued for his impeachment as a result of his involvement.
In fact, his role in the process is far from surprising.
WHO IS JAMES BOASBERG, THE US JUDGE AT THE CENTER OF TRUMP'S DEPORTATION EFFORTS?
Local rules for the federal court system in D.C. explicitly state the chief judge "must hear and determine all proceedings before the grand jury." The subpoenas and gag orders signed by Boasberg were signed in May 2023 — roughly two months into his tenure as the chief judge for the federal court.
It's unclear whether Sens. Cruz or Blackburn were aware of this rule, and they did not immediately respond to Fox News Digital's request for comment.
But it's also not the first time Judge Boasberg previously noted his oversight of these matters as the chief judge for D.C. — including in the special counsel probe in question.
Boasberg explained the rule in question in June 2023, when he granted, in part, a request from media outlets to unseal a tranche of redacted documents related to the subpoena and testimony of former Vice President Mike Pence in the same probe. (He explained in a lengthy public memo that he did so because the press movant were seeking record that Pence himself had discussed publicly.)
Still, the controversy comes as Boasberg has found himself squarely in Trump’s crosshairs, after he issued a temporary restraining order in March blocking Trump’s use of a 1798 wartime law to deport hundreds of Venezuelan nationals to a maximum security prison in El Salvador.
Until that point, however, Boasberg had largely avoided making headlines.
JACK SMITH DEFENDS SUBPOENAING REPUBLICAN SENATORS’ PHONE RECORDS: ‘ENTIRELY PROPER’
A graduate of Yale, Oxford University and Yale Law School, Boasberg clerked for the U.S. Ninth Circuit Court of Appeals before joining the Justice Department as a federal prosecutor in Washington, D.C.
He was tapped in 2002 by then-President George W. Bush to serve on the D.C. Superior Court, where he served until 2011, when he was nominated by President Barack Obama to the federal bench in D.C. in 2011.
His confirmation vote soared through the Senate with a 96-0 vote of approval, including with the support of Sen. Grassley and other Republicans named in the subpoena.
Boasberg in 2014 was appointed by Supreme Court Chief Justice John Roberts to a seven-year term on the U.S. Foreign Intelligence Surveillance Court, or FISA Court, comprised of 11 federal judges hand-selected by the chief justice.
Former special counsel Jack Smith, for his part, has since defended his decision to subpoena the Republican lawmakers' phone records, which Fox News Digital reported includes phone records for a four-day period surrounding the Jan. 6 Capitol riot.
They did not include the contents of phone calls or messages, which would require a warrant, but they did include "[call] detail records for inbound and outbound calls, text messages, direct connect, and voicemail messages" and phone number, subscriber, and payment information.
His lawyers told Senate lawmakers in a letter earlier this month that the decision to do so was "entirely proper" and is consistent with Justice Department policy.
Fox News's Ashley Oliver contributed to this report.