Ted Cruz Moves To Impeach 2 Federal Judges

Sen. Ted Cruz (R-Texas) is urging Congress to impeach two federal judges, laying out his most detailed argument yet that impeachment is warranted not only for criminal conduct, but also for what he described as grave abuses of judicial power that undermine public trust and the constitutional order.

Speaking during a Senate Judiciary Committee hearing, Cruz acknowledged that impeachment of federal judges is rare — only 15 have been impeached in U.S. history, most for clear-cut crimes such as bribery — but argued that rarity should not shield judges who, in his view, weaponize their authority.

“Rarer still, until now, were the deeper offenses the framers feared most — judges who, without necessarily breaking a criminal statute, violate the public trust, subvert the constitutional order or wield their office in ways that injure society itself,” Cruz said. “That is why, throughout history, Congress recognized that impeachable misconduct need not be criminal.”

Cruz said impeachment should be pursued against U.S. District Judges James Boasberg and Deborah Boardman, citing controversial decisions that he argued demonstrate judicial overreach and ideological bias.

Boardman Sentence Sparks Outrage

In the case of Boardman, a Biden appointee, Cruz pointed to her sentencing last year of Sophie Roske, who previously went by Nicholas Roske, after Roske pleaded guilty to attempting to assassinate Supreme Court Justice Brett Kavanaugh.

Despite the Justice Department seeking a 30-year sentence, Boardman imposed just eight years in prison. In her explanation, the judge said she took into account that Roske identifies as transgender and therefore faces unique hardships in prison.

Cruz said the sentence exemplified a dangerous double standard.

“My Democrat colleagues on this committee do not get to give great speeches about how opposed they are to violence against the judiciary, and, at the same time, cheer on a judge saying, ‘Well, if you attempt to murder a Supreme Court justice, and you happen to be transgender, not a problem. We’re going to deviate downward by more than two decades,’” Cruz said.

Boasberg and the Trump Investigations

Cruz also criticized Judge James Boasberg for approving gag orders in 2023 tied to subpoenas issued by then–special counsel Jack Smith during the investigation into the 2020 election and the Jan. 6 Capitol riot.

Smith subpoenaed phone records belonging to several Republican members of Congress and sought gag orders preventing immediate notification. Boasberg approved those orders.

While prosecutors frequently request gag orders, Cruz and other Republicans argue that members of Congress are entitled to heightened constitutional protections, including under the Speech or Debate Clause. Lawmakers targeted by the subpoenas have said their rights were violated.

Smith and a representative of the federal judiciary later claimed Boasberg was not informed that the subpoenas and gag orders involved members of Congress.

But Rob Luther, a law professor at George Mason University who testified on behalf of Republicans, said that explanation was insufficient.

“One must ask on what basis Judge Boasberg found that the disclosure of subpoenas would result in destruction of or tampering with evidence, intimidation of potential witnesses, and cause serious jeopardy to the investigation,” Luther said. “Did Judge Boasberg merely rubber stamp the requested gag order, or was he willfully blind?”

A History of Tension With Trump

Boasberg has long been a flashpoint for conservatives, particularly President Donald Trump. The judge has repeatedly presided over high-profile cases touching Trump-era policies and investigations, often issuing rulings that frustrated the administration and its allies.

Trump has publicly criticized Boasberg in the past, accusing him and other Washington, D.C.-based judges of hostility toward conservatives and deference to federal prosecutors and intelligence agencies. Many Republicans view Boasberg as emblematic of what they describe as a politically insulated judiciary that routinely blocks conservative policies while granting expansive leeway to Democratic administrations.

That broader context has fueled GOP concerns that impeachment threats are not about intimidation, but about restoring accountability.

Democrats Push Back

Democrats sharply rejected Cruz’s arguments. Sen. Sheldon Whitehouse (D-R.I.) accused Republicans of using impeachment rhetoric to pressure judges who issue rulings unfavorable to Trump.

“There was a time when I’d have hoped a Senate Judiciary subcommittee would not be roped into a scheme to amplify pressure and threats against a sitting federal judge,” Whitehouse said. “But here we are.”

Cruz dismissed that criticism, saying Democrats have selectively invoked concern for judicial safety while remaining silent when leniency benefits ideological allies.

What Comes Next

Impeachment proceedings must originate in the House of Representatives, typically through the House Judiciary Committee. A spokesman for the GOP-led committee said “everything is on the table” when asked whether Chairman Jim Jordan (R-Ohio) was open to pursuing impeachment.

If the House were to approve articles of impeachment, the matter would then move to the Senate, where a two-thirds vote would be required for conviction and removal — a steep hurdle that would require 14 Democrats to vote “guilty” along with all 53 Republican senators.

Still, Cruz argued that Congress has a constitutional duty to confront judicial misconduct, even when the political odds are long.

“This is about whether judges are accountable to the Constitution,” Cruz said, “or whether they are free to exercise raw power without consequence.”

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