‘Rogue’ Judges and the Two-Tiered Justice System

Senate Republicans take on partisan courts.

Senate Republicans recently called on the House of Representatives to impeach two “rogue” judges who accused lawmakers of abusing their judicial authority to hurt President Donald Trump’s administration and those associated with it.

The Senate Judiciary Subcommittee on Federal Courts oversight hearing, led by Sen. Ted Cruz (R-TX), targeted Chief US District Judge James Boasberg in Washington, DC, and US District Judge Deborah Boardman in Greenbelt, MD.

Rogue Judges: Surveillance of Powers

Republicans’ focus on Boasberg stems from nondisclosure orders that he authorized in May 2023 that blocked telecommunication companies from notifying nearly a dozen GOP senators and multiple House Republicans that authorities had subpoenaed their phone records as part of the investigation into Trump and the 2020 presidential election led by former special counsel Jack Smith.

Boasberg, an appointee of President Barack Obama, claimed in his order that disclosing such information “will result in destruction of or tampering with evidence, intimidation of potential witnesses, and serious jeopardy to the investigation.”

Cruz accused Boasberg of violating 2 USC Section 6628, which states that Senate emails, messages, and electronic data legally remain the property of Senate offices — even when handled or stored by outside tech providers or the Senate Sergeant at Arms — and those providers must notify the Senate if law enforcement seeks access to that data.

“Judge Boasberg used the authority of his office to authorize and then to conceal the targeting of members of Congress. Spying on the Legislative Branch and striking at the very heart of the constitutional speech and debate clause,” Cruz said during the hearing. “No republic can survive if its judges help opposition officials surveil the people’s elected representatives.”

Get Out of Jail Free Card: Ideology

Judge Boardman also came under fire during the hearing over the sentencing of California resident Nicholas Roske, who tried to assassinate Supreme Court Justice Brett Kavanaugh in 2022. Boardman handed down an “indefensibly light” prison sentence of just over eight years, despite federal sentencing guidelines recommending decades more behind bars. Boardman used Roske’s mental health and criminal record to justify the lenient sentence.

Cruz slammed Boardman’s decision as “partisan” and “left-wing,” arguing it sent the dangerous message that ideology can influence the consequences of even the most serious crimes.

It’s easy to see why many believe there’s a two-tiered justice system in America: A West Coast man who set out to kill Justice Kavanaugh gets a slap on the wrist relative to the severity of his crime, but an elderly Trump supporter who so much as blinked in the direction of the Capitol on Jan. 6, 2021, gets months in solitary confinement.

Democrats Disagree

Senate Republicans’ calls for impeachment were outright rejected by Democrat lawmakers, including Sen. Sheldon Whitehouse (D-RI), who argued the twice-postponed hearing was part of an “effort to try to intimidate the judiciary into not ruling against the Trump administration.”

“Impeachment isn’t a remedy for judges getting decisions wrong,” Whitehouse said. “Appeal is the remedy for that, as the chief justice has stated.”

Looking Ahead

House Republicans have already sought Boasberg’s impeachment twice: first in March last year, after the judge interfered with Trump’s deportation efforts, and then again in November for the aforementioned telecommunications scandal. House Republicans also filed an impeachment resolution against Boardman over her sentencing of Roske.

While neither resolution has progressed since they were filed, Cruz predicted both judges would eventually be impeached. “I’m going to make a prediction,” Cruz said. “I believe the House will impeach both Judge Boasberg and Judge Boardman, and I believe those impeachments will come to the Senate.”

For many Americans, the fight comes down to this: Will unelected judges be allowed to operate as political actors, or will much-needed accountability finally restore the constitutional balance of power?

The clock is ticking for Republicans to take on the politicized justice system before the midterms may reshape Congress.