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Boasberg insisted the deportation effort lacked due process, claiming the government had no precedent for applying the AEA outside wartime. But for Republicans who view rapid removal of dangerous foreign nationals as essential, the decision was nothing short of a judicial blockade against legitimate national-security enforcement.
His fingerprints also appear in one of the most disturbing surveillance operations of the Biden era: the Arctic Frost scandal. This covert FBI dragnet targeted the private phone records and communications of GOP senators and House members who were investigating 2020 election irregularities. The operation included secret subpoenas, call interceptions, and sweeping data collection—all approved under the radar by Boasberg.
Investigative analyst Mike Benz publicly outlined three criminal charges that could be brought against Boasberg for his role, stating on X that prosecutors could pursue:
1. Deprivation of Rights Under Color of Law (18 U.S.C. § 242):
He explained that Boasberg’s gag order allegedly blocked senators from receiving required notification under 2 U.S.C. § 6628, effectively stripping their constitutional protections under the Speech or Debate Clause.
2. Obstruction of Proceedings Before Congress (18 U.S.C. § 1505):
Benz argued the order prevented lawmakers from exercising oversight authority by denying them the opportunity to challenge or even learn about the subpoenas.
3. Conspiracy Against Rights (18 U.S.C. § 241):
According to his summary, the DOJ asserts that Boasberg worked in coordination with Special Counsel Jack Smith’s office to shield the subpoenas from Senate review.
Judge Boardman: National Injunctions and the Battle Over Birthright Citizenship
Judge Deborah Boardman has earned her own reputation for aggressively blocking Trump-aligned immigration policies. In August 2025, she halted the administration’s nationwide attempt to rein in birthright citizenship, imposing a sweeping injunction that effectively protected automatic citizenship for children born to illegal immigrants.
Her ruling set up a massive constitutional clash. By September, President Trump took the fight directly to the U.S. Supreme Court.
As CNN reported:
“The Trump administration asked the Supreme Court on Friday to review the constitutionality of President Donald Trump’s executive order seeking to end birthright citizenship, pushing the issue back before the justices for the second time this year.”
DOJ Solicitor General John Sauer defended the policy in stark terms, saying:
“The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security. Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.”
Experts Say Judges Are Hiding—And They Know Exactly Why
Veteran DOJ official Tom Dupree, speaking to the Tampa Free Press, said the judges’ refusal to testify was both predictable and revealing.
Dupree told Fox News Live:
“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.”
WATCH:
A Judiciary Under the Microscope
As the Senate pushes forward with its investigation, conservatives argue that these judges’ refusal to appear only underscores the urgent need to rein in unelected jurists who believe they can override voters, the Constitution, and the elected branches of government without consequence.
Their decision to skip the hearing may have avoided direct questioning—but it has only intensified calls for accountability.
