Two federal judges facing impeachment threats from conservative lawmakers will not appear before a Senate committee on Wednesday, following a directive from a top judicial official who warned that their testimony would threaten the independence of the courts.
The refusal comes ahead of a hearing by the Senate Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights, chaired by Senator Ted Cruz. The session is explicitly titled, “Impeachment: Holding Rogue Judges Accountable.”
According to a letter, U.S. District Court Judges James Boasberg of Washington, D.C., and Deborah Boardman of Maryland declined the invitation to testify. Both judges have recently drawn the ire of congressional Republicans over controversial rulings.
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Judge Robert Conrad, Director of the Administrative Office of the U.S. Courts, informed Senator Cruz of the decision in a letter dated November 12. Conrad argued that compelling the judges to explain their decision-making processes would violate constitutional boundaries.
“It would encroach upon the separation of powers and the independence of the judiciary for the judges to appear and testify about their respective deliberative processes in reaching judicial decisions,” Conrad wrote.
Conrad also cited Canon 3A(6) of the Code of Conduct for United States Judges, noting that judges are ethically barred from making public comments on the merits of pending or impending matters. He emphasized that this restriction remains active until the entire appellate process is complete.
The Controversy Behind the Summons
Both judges invited to the hearing have been targeted by articles of impeachment introduced in the House.
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Judge Boasberg, an appointee of former President Obama, has faced intense scrutiny for approving nondisclosure orders that permitted Special Counsel Jack Smith to secretly obtain cell phone data belonging to Republican members of Congress. In addition, GOP Senators Chuck Grassley and Ron Johnson, along with Rep. Jim Jordan, have demanded Boasberg provide a written explanation for these orders by December 4.
Representative Brandon Gill (R-TX) introduced articles of impeachment against Boasberg in November. It was Gill’s second move against the judge; he previously filed articles in March after Boasberg ordered the Trump administration to halt flights returning alleged Tren de Aragua gang members to El Salvador.
Judge Boardman, a Biden appointee, is facing similar pressure after sentencing the man who attempted to assassinate Supreme Court Justice Brett Kavanaugh.
In October, Boardman handed down a sentence approximately 22 years shorter than the government’s request, citing the defendant’s transgender identity as a mitigating factor. Representative Chip Roy (R-TX) subsequently introduced articles of impeachment against her.
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