Sen. Ted Cruz, R-Texas, on Wednesday called on Congress during a Senate hearing to impeach two federal judges, making his most elaborate case yet for imposing the extraordinary sanction on a pair of closely scrutinized jurists.
Cruz acknowledged that impeaching federal judges is exceedingly rare — 15 have been impeached in history, typically for straightforward crimes like bribery — but the Texas Republican argued it was warranted for judges James Boasberg and Deborah Boardman.
"Rarer still, until now, were the deeper offenses the framers feared most — judges who, without necessarily breaking a criminal statute, violate the public trust, subvert the constitutional order or wield their office in ways that injure society itself," Cruz said. "That is why, throughout history, Congress recognized that impeachable misconduct need not be criminal."
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Cruz, a Senate Judiciary Committee member with an extensive legal background, said the House needed to initiate impeachment proceedings over controversial gag orders Boasberg signed in 2023 and a sentence Boardman handed down last year in the case of Justice Brett Kavanaugh’s attempted assassin.
Impeachment proceedings must be initiated in the House and typically run through the House Judiciary Committee.
Russell Dye, a spokesman for the GOP-led committee, said "everything is on the table" when asked if Chairman Jim Jordan, R-Ohio, was open to the idea. If the House were to vote in favor of impeachment, it would then advance to the Senate. Two-thirds of senators would need to vote to convict the judges and remove them, a highly improbable scenario because the vote would require some support from Democrats.
Cruz’s counterpart at the hearing, Sen. Sheldon Whitehouse, D-R.I., defended the judges and accused Republicans of threatening impeachment as an effort to intimidate the judiciary because it routinely issues adverse rulings against the Trump administration.
"There was a time when I'd have hoped a Senate Judiciary subcommittee would not be roped into a scheme to amplify pressure and threats against a sitting federal judge," Whitehouse said. "But here we are."
In the case of Boardman, a Biden appointee, the judge sentenced Sophie Roske, who previously went by Nicholas Roske, to eight years in prison after the Department of Justice sought a 30-year sentence. Roske pleaded guilty to attempting to murder Kavanaugh. Boardman said she factored into her sentence that Roske identified as transgender and therefore faced unique adversity.
Cruz argued Democrats' concerns about threats that judges have faced for ruling against President Donald Trump fell on deaf ears, in his view, because they did not speak out about Boardman's leniency toward Roske.
"My Democrat colleagues on this committee do not get to give great speeches about how opposed they are to violence against the judiciary, and, at the same time, cheer on a judge saying, 'Well, if you attempt to murder a Supreme Court justice, and you happen to be transgender, not a problem. We're going to deviate downward by more than two decades,'" Cruz said.
In the case of Boasberg, former special counsel Jack Smith subpoenaed several Republican Congress members' phone records while conducting an investigation into the 2020 election and Trump's role in the Jan. 6 Capitol riot. Smith sought gag orders so that the senators would not immediately be notified about the subpoenas, and Boasberg authorized those orders.
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Prosecutors seeking gag orders is not unusual, but senators have layers of protection from prosecution under the Constitution. The targeted Republicans have decried the subpoenas, saying their rights were violated.
Smith and an official representing the federal courts have both said that Boasberg was not notified that the subpoenas and gag orders were related to members of Congress.
Rob Luther, a law professor at George Mason University, was a witness for Republicans at the hearing and said Boasberg still should not have signed the gag orders without knowing who they applied to. Luther cited stipulations included in the orders.
"One must ask on what basis Judge Boasberg found that the disclosure of subpoenas would result in destruction of or tampering with evidence, intimidation of potential witnesses, and cause serious jeopardy to the investigation, end quote," Luther said. "Did Judge Boasberg merely rubber stamp the requested gag order, or was he willfully blind?"
Smith's actions also aligned with a DOJ policy at the time that did not require the special counsel to alert the court that the subpoenas targeted senators, a point raised by Sen. John Kennedy, R-La., during the hearing. Luther said the policy did not matter.
"DOJ policy does not supplant federal law," he said.