Sen. Ted Cruz urged the House to open impeachment proceedings against Judges James Boasberg and Deborah Boardman, citing actions he says undermine public trust though they may not be criminal. Boasberg is criticized for approving gag orders tied to subpoenas for Republican senators' phone records in Jack Smith's probe. Boardman drew ire for sentencing Sophie Roske to eight years after Roske pleaded guilty to attempting to kill Justice Kavanaugh; DOJ had sought 30 years and Boardman cited Roske's transgender identity in mitigation. Democrats defended the judges and warned impeachment talk risks intimidating the judiciary.
Cruz Demands Impeachment Of Judges Over Gag Orders And Questioned Sentence In Kavanaugh Case
Cruz demands impeachment of Boasberg and judge who sentenced Kavanaugh’s attempted assassin
Sen. Ted Cruz (R-Texas) on Wednesday urged Congress to pursue impeachment proceedings against two federal judges — James Boasberg and Deborah Boardman — during a Senate Judiciary Committee hearing, arguing their actions undermine public trust even if they fall short of criminal conduct.
Cruz acknowledged that removing federal judges is rare — only 15 have been impeached in U.S. history — but maintained that impeachment can be warranted when a judge's conduct, while not necessarily criminal, "subverts the constitutional order" or injures society.
U.S. Sen. Ted Cruz speaks during a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington Jan. 30, 2025.
Allegations Against The Judges
Cruz criticized Judge James Boasberg for signing gag orders in 2023 that accompanied subpoenas for the phone records of several Republican senators. Those subpoenas were issued by special counsel Jack Smith as part of an investigation into the 2020 election and the Jan. 6, 2021, attack on the U.S. Capitol. Prosecutors requested secrecy so targets would not be immediately notified; Boasberg approved the orders. Smith and a court official have said Boasberg was not informed the subpoenas targeted members of Congress.
Regarding Judge Deborah Boardman, Cruz objected to her 2024 sentence of Sophie Roske (previously known as Nicholas Roske), who pleaded guilty to attempting to murder Supreme Court Justice Brett Kavanaugh. Boardman sentenced Roske to eight years in prison after the Department of Justice sought a 30-year term and cited Roske's transgender identity as a mitigating factor.
U.S. District Judge James Boasberg is seen at the E. Barrett Prettyman Courthouse in Washington, D.C.
Committee Debate And Testimony
"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.
Democrats on the committee, led by Sen. Sheldon Whitehouse (D-R.I.), defended the judges and warned that talk of impeachment risks intimidating the judiciary when courts issue rulings unfavorable to the Trump administration. Whitehouse called the impeachment threats a political tactic aimed at pressuring judges.
Witness testimony added legal scrutiny: Rob Luther, a George Mason law professor who testified for Republicans, argued Boasberg should not have approved gag orders without knowing whether they applied to members of Congress and questioned whether the judge adequately evaluated prosecutors' assertions about risks such as witness intimidation or evidence tampering. Sen. John Kennedy (R-La.) noted that DOJ policy at the time did not require a special counsel to notify the court when subpoenas targeted members of Congress; Luther replied that DOJ policy does not override federal law.
Judge Deborah Boardman speaking to Congress
Process And Likelihood
Impeachment proceedings must begin in the House of Representatives and typically proceed through the House Judiciary Committee. If the House approves articles of impeachment, the matter would go to the Senate, where conviction and removal require a two-thirds majority — a high threshold that would likely need some Democratic support and therefore makes removal improbable.
The debate highlighted tensions over judicial independence, prosecutorial discretion, and sentencing discretion, with Republicans framing the matter as protecting institutional integrity and Democrats warning against politicizing the courts.
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