Judge Boasberg Hit With Impeachment Articles

Rep. Brandon Gill, R-Texas, is formally introducing impeachment articles against U.S. District Judge James Boasberg on Tuesday for his role in the "Arctic Frost" probe.

Republican allies of President Donald Trump have been criticizing Boasberg after news broke that he was the judge who signed off on subpoenas and other measures in former special counsel Jack Smith’s probe.

"Chief Judge Boasberg has compromised the impartiality of the judiciary and created a constitutional crisis. He is shamelessly weaponizing his power against his political opponents, including Republican members of Congress who are faithfully serving the American people within their jurisdiction," Gill told Fox News Digital.

"Judge Boasberg was an accomplice in the egregious Arctic Frost scandal where he equipped the Biden DOJ to spy on Republican senators. His lack of integrity makes him clearly unfit for the gavel. I am proud to once again introduce articles of impeachment against Judge Boasberg to hold him accountable for his high crimes and misdemeanors."

Gill's resolution accused Boasberg of one count of abuse of power, according to text obtained first by Fox News Digital.

"Ignoring his responsibility to wield the power of his office in a constitutional manner, Chief Judge Boasberg granted Special Counsel John L. Smith authorization to issue frivolous nondisclosure orders in furtherance of the Federal Bureau of Investigation project codenamed ARCTIC FROST," the text said.

"These nondisclosure orders covered Members of Congress who were acting in accord with their legislative duties and privileges guaranteed by Article 1, Section 6, Clause 1 of the U.S. Constitution."

The redacted Arctic Frost documents were made public late last month by Sen. Chuck Grassley, R-Iowa. They included subpoenas of phone records for 10 senators and one House lawmaker, and gag orders sent to Verizon and AT&T instructing them not to notify lawmakers of the subpoena. Verizon complied, but AT&T did not.

Both the subpoenas and gag orders were signed by Boasberg, according to the documents — a detail that prompted fresh criticism and indignation from Republicans, including Sen. Ted Cruz, R-Texas, who blasted the investigation as "worse than Watergate" and a gross violation of prosecutorial powers.

Under the Stored Communications Act, federal judges exercise discretion in signing off on such orders — they are not automatic. It is unclear what materials Boasberg would have reviewed in this particular case before authorizing the tolling records of the senators, as much of the information and materials in the probe remain classified or are heavily redacted.

Republicans named in the subpoenas have argued they are potential violations of the speech or debate clause of the U.S. Constitution, which protects lawmakers from being arrested or questioned by law enforcement for things they say or do in their legislative roles.

The protections are absolute for legislative acts, though courts sometimes dispute what qualifies as legislative.

It is not the first time Boasberg has caught negative attention from Trump or his allies.

The federal judge was the target of Republican impeachment threats earlier this year after he issued an order temporarily pausing Trump’s migrant deportation flights to El Salvador.

Gill and other GOP lawmakers pushing impeachment resolutions backed off of those threats after House Republican leaders suggested it was not the most potent route to affect change.