The Senate Judiciary Committee just wanted to ask some questions.
Two federal judges decided they'd rather skip town than answer them.
And an Obama judge caught hiding from the Senate after his actions just got exposed.
Obama Appointee Refuses to Explain Controversial Rulings
U.S. District Judge James Boasberg and U.S. District Judge Deborah Boardman both declined invitations to testify before the Senate Judiciary Committee at a hearing titled "Impeachment: Holding Rogue Judges Accountable."
The hearing was scheduled for this week after months of growing scrutiny into their controversial rulings that blocked key Trump Administration initiatives.
Boasberg, appointed by Barack Obama in 2011, has become the poster child for judicial overreach against President Trump's agenda.
His most explosive ruling blocked Trump's use of the wartime Alien Enemies Act to deport Venezuelan gang members linked to Tren de Aragua, a designated terrorist organization.
Boasberg claimed the deportations lacked "due process" because there was supposedly no precedent for using the 1798 law against illegal immigrants during peacetime.
That legal argument fell apart when the planes carrying gang members took off anyway — and Boasberg found "probable cause" to hold Trump administration officials in criminal contempt for allegedly defying his orders.¹
The Justice Department fired back that the Supreme Court already ruled Boasberg "has no right to seize control of the President's authority to conduct foreign policy."²
FBI Surveillance Scandal Puts Boasberg Under Fire
Boasberg's problems go way beyond immigration rulings.
Senate Judiciary Committee Chairman Chuck Grassley just exposed Boasberg's role in the FBI's "Arctic Frost" operation — a sweeping investigation that secretly targeted Republican senators and hundreds of Trump allies.
The judge signed off on 197 subpoenas seeking phone records, donor lists, and communications data from GOP lawmakers without their knowledge.³
Eight Republican senators — including Ted Cruz, Lindsey Graham, and Josh Hawley — had their personal cell phone records seized by the FBI under gag orders approved by Boasberg.⁴
Cruz revealed that Boasberg signed an order claiming Cruz would "destroy or tamper with evidence" if he was notified about the subpoena.⁵
"That is absolutely absurd," Cruz told reporters. "When you have the Biden Department of Justice subpoenaing 20% of the Republicans in the Senate, it is an egregious abuse of process."⁶
The gag orders prevented phone companies from telling the senators they were under investigation for at least one year.
AT&T pushed back on the subpoenas, questioning their legal basis.
The Biden Justice Department backed down from AT&T — clear evidence the whole operation was built on a flimsy foundation.⁷
Verizon handed over the records without resistance, allowing the FBI to collect call logs, timestamps, and geolocation data on sitting senators.
No criminal charges ever resulted from any of these records.
Arctic Frost wasn't a legitimate investigation — it was a partisan fishing expedition weaponizing federal law enforcement against political opponents.
The probe targeted 430 Republican individuals and entities, including Turning Point USA, the Republican National Committee, Rudy Giuliani, Mark Meadows, and Steve Bannon.⁸
Boardman Blocked Trump's Birthright Citizenship Order
Judge Deborah Boardman, a Biden appointee from Maryland, earned her Senate hearing invitation for blocking Trump's executive order on birthright citizenship.
Boardman issued a nationwide preliminary injunction in February 2025 halting Trump's effort to end automatic citizenship for children born to illegal immigrants and foreigners on temporary visas.⁹
Her ruling claimed the order "conflicts with the plain language of the 14th Amendment" and "contradicts 125-year old binding Supreme Court precedent."¹⁰
The injunction remains in effect indefinitely while the case winds through the courts.
Boardman emphasized the "irreparable injury" Trump's order would cause, saying citizenship is "a most precious right."¹¹
But Trump's Justice Department argued the executive order resolves "prior misimpressions" of the 14th Amendment.
DOJ lawyers noted the Constitution "does not harbor a windfall clause granting American citizenship to the children of those who have circumvented (or outright defied) federal immigration laws."¹²
The case is heading to the Supreme Court where the administration expects to prevail.
Judges Ghost Senate Accountability Hearing
Former DOJ official Tom Dupree explained why both judges refused to show up.
"I can promise you that the last thing in the world they would want to do is answering questions under oath from United States Senators," Dupree told Fox News Live.¹³
Translation: These judges know their rulings can't survive scrutiny.
Conservative commentator Mike Benz outlined potential criminal charges Boasberg could face for his Arctic Frost role, including "Deprivation of Rights Under Color of Law" for issuing gag orders that violated Senate notification requirements.¹⁴
Representative Brandon Gill filed articles of impeachment against Boasberg, accusing him of "weaponizing the judiciary against critics of the Biden Administration."¹⁵
"Judge Boasberg has abused his power by greenlighting nondisclosure orders that purportedly violated congressional privileges and the separation of powers," Gill stated.¹⁶
Six Republican senators — Lindsey Graham, Ted Cruz, Eric Schmitt, Mike Lee, Tommy Tuberville, Kevin Cramer, and Bill Hagerty — called for Boasberg's immediate suspension pending formal impeachment proceedings.¹⁷
Chief Justice John Roberts issued a rare public statement defending Boasberg, claiming "impeachment is not an appropriate response to disagreement concerning a judicial decision."¹⁸
But this isn't about disagreement with one ruling.
This is about a judge who signed off on secret surveillance of elected officials, blocked lawful presidential authority over national security and immigration, and found Trump officials in contempt for following the President's orders.
The Senate Judiciary Committee hearing proceeded without testimony from either judge.
That tells you everything you need to know about whether these judges believe they can defend their actions under oath.
¹ "Judge: 'Probable cause' to hold U.S. in contempt over Alien Enemies Act deportations," NPR, April 16, 2025.
² Ibid.
³ "Biden FBI Spied on Eight Republican Senators as Part of Arctic Frost Investigation, Grassley Oversight Reveals," Senate Judiciary Committee, October 29, 2025.
⁴ Ibid.
⁵ "Cruz says Biden FBI's Arctic Frost investigation makes Watergate 'pale in comparison'," Washington Examiner, November 2025.
⁶ Ibid.
⁷ "Arctic Frost Revisited," Power Line, November 2025.
⁸ "Biden-era FBI 'Arctic Frost' probe targeted over 160," OANN, October 29, 2025.
⁹ "Federal judge issues injunction on birthright citizenship, putting it further on hold," NBC News, February 6, 2025.
¹⁰ "Federal Judge Blocks Trump's executive order to end birthright citizenship," CNN Politics, February 5, 2025.
¹¹ "Judge issues nationwide injunction blocking Trump's bid to end birthright citizenship," ABC News, February 5, 2025.
¹² Ibid.
¹³ "Rogue Judges Skip Senate Hearing as Scrutiny Intensifies," LifeZette, December 2, 2025.
¹⁴ Ibid.
¹⁵ "Judge James Boasberg hit with articles of impeachment following 'Arctic Frost' probe," OANN, November 4, 2025.
¹⁶ Ibid.
¹⁷ "Arctic Frost investigation," Wikipedia, December 2, 2025.
¹⁸ Ibid.
