On Saturday, November 22, 2025, Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University, published an opinion piece in The Hill scrutinizing District Court Chief Judge James Boasberg’s actions in two seemingly contradictory cases. Turley’s article highlights concerns over Boasberg’s “selective outrage” regarding the separation of powers, particularly in light of the Justice Department’s acquisition of telephone records belonging to Republican members of Congress.
Turley juxtaposes Boasberg’s strong stance on potential contempt by the Trump administration for allegedly violating court orders related to deportee flights to El Salvador with his involvement in issuing gag orders on telephone companies. These gag orders prevented the companies from informing Congress that the executive branch was accessing the phone records of prominent Republican lawmakers. Turley suggests a stark contrast in Boasberg’s approach, implying a potential bias in his application of the principle of separation of powers.
The opinion piece delves into the controversy surrounding former Special Counsel Jack Smith’s acquisition of phone records belonging to key Republican figures, including former Speaker of the House Kevin McCarthy (R-Calif.) and House Judiciary Chair James Jordan (R-Ohio). Turley emphasizes the gravity of this intrusion, stating that “It is difficult to overstate the gravity of this intrusion into the legislative branch,” further explaining that such records could reveal sensitive communications with journalists, whistleblowers, and other confidential sources.
Turley raises concerns that the collection of such information, without a clear and justifiable cause, could potentially deter members of Congress from effectively overseeing the Justice Department. He notes the irony that the very members targeted by these orders, including Jordan and Sen. Chuck Grassley (R-Iowa), were actively leading investigations into the Justice Department’s past abuses of power.
The article highlights that the demand for telephone records, under what was called “Operation Arctic Frost,” was extensive, involving dozens of subpoenas to carriers like Verizon and AT&T. According to Turley, nineteen of these orders were accompanied by judicial nondisclosure orders signed by Judge Boasberg.
Turley points out that Boasberg signed these orders despite a federal law designed to prevent secret investigations of Congress. The law explicitly states that “no law, rule, or regulation may be used to prevent a service provider from notifying a Senate office that data or records have been sought through legal process.”
The opinion piece also references Boasberg’s involvement in the investigation into false information provided to the Foreign Intelligence Surveillance Court (FISC) during the Russiagate investigation. Turley notes that Boasberg faced criticism for appointing David Kris, an attorney described by the Washington Post as “highly controversial,” to assist in the investigation, given Kris’s past denials of wrongdoing by the Justice Department.
While Turley does not support calls for Boasberg’s impeachment, he asserts that “his role in this scandal cannot be ignored.” He argues that Boasberg not only enabled the effort to seize the phone records but also expressly prohibited the phone companies from disclosing the demands to anyone.
Turley concludes by reiterating that while legitimate concerns exist regarding the failure to comply with Boasberg’s orders on the El Salvador flight, his concerns about the separation of powers appear “strangely selective, depending on whose powers are being usurped.”
Source: The Hill
