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Judge James Bosberg was subjected to impeachment over his role in the Trump investigation


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First on Fox: Rep. Brandon Gill, R-Texas, formally files articles of impeachment against U.S. District Judge James Bosberg on Tuesday for his role in the “Arctic Frost” investigation.

Republican allies of President Donald Trump criticized Boasberg after it was reported that he was the judge who signed off on subpoenas and other actions in the investigation conducted by former special counsel Jack Smith.

“Chief Justice Boasberg has compromised the impartiality of the judiciary and created a constitutional crisis,” Gill told Fox News Digital. “He is shamelessly using his power as a weapon against his political opponents, including Republican members of Congress who loyally serve the American people within their jurisdiction.”

“Judge Boasberg was an accomplice in the terrible Arctic scandal in which he rigged the Biden Justice Department to spy on Republican senators. His lack of integrity makes him unsuitable for the gavel. I am proud to file articles of impeachment once again against Judge Boasberg to hold him accountable for his high crimes and misdemeanors.”

Major phone companies reveal Jack Smith’s subpoenas for Republican senators’ records

Rep. Brandon Gill, left, files articles of impeachment against U.S. District Judge James Bosberg. (Bill Clark/CQ-Roll Call, Inc via Getty Images; Valerie Blish/Bloomberg via Getty Images)

The decision accused Jill Boasberg of abuse of power, according to a transcript obtained by Fox News Digital First.

“Ignoring his responsibility to exercise the power of his office in a constitutional manner, Chief Justice Boasberg granted Special Counsel John L. Smith authorization to issue frivolous nondisclosure orders in furtherance of the FBI’s project code-named ARCTIC FROST,” it reads.

“These non-disclosure orders cover members of Congress who were acting in accordance with their legislative duties and privileges guaranteed by Article 1, Section 6, Clause 1 of the United States Constitution.”

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The redacted “Arctic Frost” documents were released late last month by Sen. Chuck Grassley, Republican of Iowa. It included subpoenas for the phone records of 10 senators and one House representative, 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.

The subpoenas and publication orders were signed by Boasberg, according to the documents, details that have sparked criticism and new outrage from Republicans, including Sen. Ted Cruz, R-Texas, who has criticized the investigation as “worse than Watergate” and a blatant abuse of prosecutorial powers.

Former Special Counsel Jack Smith speaks to reporters.

Jack Smith, former US special adviser, speaks during a news conference in Washington, August 1, 2023. (Al Drago/Bloomberg via Getty Images)

Under the Stored Communications Act, federal judges exercise discretion in signing such orders — they are not automatic. It is not clear what materials Boasberg would have reviewed in this particular case before releasing the toll records to senators, as much of the information and materials in the investigation remain classified or have been heavily redacted.

Republicans named in the subpoenas argued they were potential violations of the U.S. Constitution’s Speech and Debate Clause, which protects lawmakers from arrest or questioning by law enforcement for things they say or do in their legislative roles.

However, this protection is not absolute, and this provision remains the subject of an ongoing and lively debate over the separation of powers and the degree of protection that members of Congress from the other two branches of government should enjoy.

This is not the first time Boasberg has received negative attention from Trump or his allies.

The federal judge was the target of Republican impeachment threats earlier this year after he ordered a temporary halt to Trump’s migrant deportation flights to El Salvador.

Gill and other Republican lawmakers who pushed impeachment resolutions backed away from those threats after House Republican leaders suggested that was not the most effective path to influencing change.

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