Cruz Demands Impeachment of Two Federal Judges for Constitutional Violations

Senator Ted Cruz is demanding that House Speaker Mike Johnson immediately pursue impeachment proceedings against two federal judges who allegedly violated constitutional boundaries and committed impeachable offenses against the United States government.

The Texas Republican specifically named Chief Judge James E. Boasberg of the United States District Court for the District of Columbia and Judge Deborah L. Boardman of the United States District Court for the District of Maryland in a letter to Speaker Johnson. Cruz announced this letter during Wednesday’s Senate Subcommittee hearing on Federal Courts, Oversight, Agency Action, and Federal Rights, appropriately titled “Impeachment: Holding Rogue Judges Accountable.”

Let us examine the facts.

Judge Boasberg’s alleged misconduct centers on his role in Special Counsel Jack Smith’s Arctic Frost investigation, which evolved into the electoral interference prosecution against former President Donald Trump. Here is where things become constitutionally problematic. Boasberg authorized sealed subpoenas and nondisclosure orders targeting sitting United States senators, including Cruz himself. These actions directly contravened the Speech or Debate Clause and violated separation of powers principles.

Recently disclosed documents revealed that the Biden administration knowingly approved Smith’s unconstitutional subpoenaing of congressional phone records. The same documents established that nondisclosure orders issued by Boasberg prevented telecommunications providers from alerting members of Congress about the unconstitutional seizure of their toll records. This represents a fundamental breach of constitutional protections designed to safeguard legislative independence from executive and judicial overreach.

Cruz characterized Boasberg’s orders as issued “without credible basis” and described them as “an unprecedented overreach of judicial authority and a partisan intrusion into the independence of the legislative branch.” This assessment appears factually accurate. The Speech or Debate Clause exists precisely to prevent this type of executive branch intrusion into legislative activities, and judges who facilitate such violations undermine the constitutional architecture that maintains governmental balance.

Regarding Judge Boardman, Cruz highlighted her conduct in sentencing the individual who attempted to assassinate Supreme Court Justice Brett Kavanaugh. While the article does not detail the specific nature of Boardman’s alleged misconduct in this case, Cruz clearly believes her handling of this matter constitutes impeachable behavior.

The constitutional standard for judicial impeachment requires “high Crimes and Misdemeanors.” This phrase, deliberately chosen by the Founders, encompasses serious abuses of power and violations of public trust, not merely criminal conduct. When federal judges authorize unconstitutional surveillance of legislators, they betray their oath to uphold the Constitution and threaten the separation of powers that prevents tyranny.

The question now becomes whether Speaker Johnson will act on Cruz’s recommendation. Judicial impeachment remains rare in American history, reserved for the most egregious violations of judicial duty. However, if judges can facilitate unconstitutional investigations targeting political opponents while concealing these actions from the victims, what meaningful check exists on judicial power?

The Senate subcommittee hearing represents an important first step in examining these allegations thoroughly. Americans deserve judges who respect constitutional boundaries rather than partisan operatives who weaponize their authority to advance political agendas. If the evidence supports Cruz’s allegations, impeachment proceedings would constitute the appropriate constitutional remedy for such judicial misconduct.

The integrity of our constitutional system depends on maintaining clear boundaries between governmental branches. When judges cross those boundaries to facilitate partisan investigations, they forfeit the public trust essential to judicial legitimacy.

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