Court rules explain Judge Boasberg’s role in GOP senator’s subpoena case

Republican senators issued a torrent of criticism against U.S. District Judge James Boasberg this week after it was revealed that he signed subpoenas and orders of silence issued in connection with the investigation of former special counsel Jack Smith — although a quick review of the court’s rules suggests it’s far less provocative than lawmakers have claimed.

Sens. Ted Cruz, R-Texas, and Marsha Blackburn, R-Tenn., were among the Republicans who criticized Boasberg as an “activist” judge, and Cruz, for his part, suggested that Boasberg be impeached.

“My guess,” Cruz fumes, “is that Judge Boasberg printed these things like the placemats at Denny’s – one after the other.”

TOP TELEPHONE OPERATORS REVEAL JACK SMITH’S SUBPOENAS FOR REPUBLICAN SENATORS’ FILES

U.S. Senator Ted Cruz, Republican of Texas, speaks to reporters as he attends the weekly Senate policy lunches at the U.S. Capitol December 6, 2022, in Washington, DC. (Kevin Dietsch/Getty Images)

At issue are subpoenas and silence orders issued by former special counsel Jack Smith’s team as part of its investigation into President Donald Trump’s actions following the 2020 election.

The redacted documents were made public this week by Sen. Chuck Grassley, R-Iowa.

They included subpoenas of phone records from 10 senators and a House lawmaker, as well as hush orders sent to Verizon and AT&T ordering them not to tell lawmakers about the subpoena. (Verizon complied, AT&T did not.)

The subpoenas and gag orders were signed by U.S. District Judge James Boasberg, according to the newly released documents — a detail that sparked further criticism and outrage from some of the Republicans in question, including Cruz, who called the investigation in question “worse than Watergate” and a blatant violation of prosecutorial powers.

Blackburn blasted Boasberg as an “activist” judge. Some lawmakers further argued for his impeachment due to his involvement.

In fact, its role in the process is far from surprising.

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Judge James E. Boasberg, Chief Judge of the U.S. District Court of DC, is seen at the E. Barrett Prettyman Federal Courthouse in Washington, DC ((Washington Post via Getty Images))

The local rules of the D.C. federal court system explicitly state that the chief judge “shall hear and determine all proceedings before the grand jury.” The subpoenas and silence orders signed by Boasberg were signed in May 2023, approximately two months into his tenure as chief judge of the Federal Court.

It’s unclear whether Senators Cruz or Blackburn were aware of the rule, and they did not immediately respond to Fox News Digital’s request for comment.

But this is also not the first time that Judge Boasberg has highlighted his oversight of these matters as chief justice of Washington, DC – including in connection with the special prosecutor’s investigation in question.

Boasberg explained the rule in question in June 2023, when he granted, in part, a media request to unseal a tranche of redacted documents related to former Vice President Mike Pence’s subpoena and testimony in the same investigation. (He explained in a lengthy public memo that he did so because reporters were seeking information that Pence himself had discussed publicly.)

Yet the controversy comes as Boasberg found himself directly in Trump’s crosshairs, after issuing a temporary restraining order in March blocking Trump’s use of a 1798 war law to deport hundreds of Venezuelan nationals to a maximum security prison in El Salvador.

But until then, Boasberg had largely avoided making headlines.

JACK SMITH DEFENDS TELEPHONE RECORDINGS OF REPUBLICAN SENATORS BY ASSIGNMENT: “FULLY CORRESPONDING”

U.S. Special Advisor Jack Smith speaks during a news conference in Washington, DC, U.S., Tuesday, August 1, 2023. (Al Drago/Bloomberg via Getty Images)

A graduate of Yale, Oxford University, and Yale Law School, Boasberg served on the U.S. Court of Appeals for the Ninth Circuit before joining the Justice Department as a federal prosecutor in Washington, DC.

He was tapped in 2002 by then-President George W. Bush to serve on the Washington Superior Court, where he served until 2011, when he was appointed by President Barack Obama to the Washington federal bench in 2011.

His confirmation vote soared in the Senate with a 96-0 approval vote, including support from Sen. Grassley and other Republicans named in the subpoena.

Boasberg was appointed in 2014 by Supreme Court Chief Justice John Roberts to a seven-year term on the U.S. Foreign Intelligence Surveillance Court, or FISA Court, made up 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 Republican lawmakers’ phone records, which Fox News Digital reports include phone records for a four-day period surrounding the Jan. 6 riot at the Capitol.

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They did not include the contents of phone calls or messages, which would require a warrant, but they did include “detailed (call) records for incoming and outgoing calls, text messages, direct dial and voice messages” as well as phone number, subscriber and payment information.

His lawyers told Senate lawmakers in a letter earlier this month that the move was “entirely appropriate” and consistent with Ministry of Justice policy.

Ashley Oliver of Fox News contributed to this report.