On Thursday, January 8, 2026, the Washington Examiner reported that Senate Republicans are pushing for disciplinary action, potentially including impeachment, against two federal judges they accuse of abusing their power. The accusations were the focus of a Senate hearing led by Sen. Ted Cruz (R-TX).
At the heart of the controversy is Chief U.S. District Judge James Boasberg, who in May 2023 authorized nondisclosure orders during former special counsel Jack Smith’s investigation into President Donald Trump. These orders prevented telecom companies from informing at least 11 Republican senators and six House Republican members that their phone records had been subpoenaed.
Republicans claim Boasberg’s actions violated federal law and the Constitution’s Speech or Debate Clause, regardless of whether he knew the identities of the subpoena targets.
Cruz stated that Boasberg signed multiple orders asserting that notifying the targets would lead to evidence tampering or witness intimidation, even though Smith reportedly did not inform the court that the phone numbers belonged to members of Congress.
The other judge under scrutiny is U.S. District Judge Deborah Boardman, a Joe Biden appointee. Boardman sentenced Nicholas Roske, who traveled to Justice Brett Kavanaugh’s home armed with a gun and knife, to just over eight years in prison. This sentence was significantly below federal sentencing guidelines, prompting criticism from Republicans who argue it minimizes the severity of the attack on the judiciary and could encourage future political violence.
During the hearing held by the Subcommittee on Federal Courts, Oversight, Agency Action and Federal Rights, Republican senators voiced their concerns over what they described as abuses by “rogue judges.”
Sen. Eric Schmitt (R-MO) echoed Cruz’s sentiments, calling Boasberg a “rogue judge” and suggesting impeachment was warranted due to repeated abuses of power, including authorizing secret subpoenas and involving himself in politically sensitive cases.
Sen. Josh Hawley (R-MO) questioned whether judges could evade accountability by claiming ignorance, arguing that failure to inquire about the legality of an order, especially one implicating Congress, constituted gross negligence.
Democrats, however, defended Boasberg, arguing that he followed standard Department of Justice and court procedures at the time and relied on representations from prosecutors. Georgetown law professor Steve Vladeck, a witness called by Democrats, stated that the nondisclosure process followed then-existing DOJ guidelines and that Congress only revised notification rules after a 2024 inspector general report.
Republicans have also highlighted Smith’s closed-door deposition before the House Judiciary Committee last month, where he acknowledged that his team did not inform Boasberg that the subpoenas targeted sitting lawmakers. Cruz has called for Smith to testify publicly before the committee.
Regarding Boardman’s sentencing decision, Cruz argued that it could have potentially devastating consequences for the republic. In response, Cruz said he has already sent a letter to House Speaker Mike Johnson (R-LA) urging impeachment proceedings against both judges, predicting that the House will act accordingly and that the Senate will have the opportunity to hold a trial.
Despite the Republican push for accountability, Democrats, including Sens. Sheldon Whitehouse (D-RI) and Dick Durbin (R-IL), cited a statement by Chief Justice John Roberts, who said that impeachment calls against judges are “not an appropriate response to disagreements concerning a judicial decision,” suggesting litigants should use the “normal appellate review process.”
Source: Washington Examiner
