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Trump Administration files a second complaint against a federal judge | CNN Politics

Federal Judge James Boasberg Faces Misconduct Complaint Amid Political Tensions

In a development that has sent ripples through the judicial and political spheres, a formal misconduct complaint has been lodged against U.S. District Judge James E. Boasberg, the presiding judge of the Foreign Intelligence Surveillance Court (FISC). The complaint, filed with the Judicial Conference of the United States on July 27, 2025, accuses Boasberg of ethical lapses and potential bias in handling sensitive cases tied to national security and political investigations. Sources familiar with the matter indicate that the complaint stems from a coalition of conservative legal advocacy groups, who claim that Boasberg's rulings have demonstrated a pattern of favoritism toward government agencies, particularly in matters involving surveillance and executive branch actions during the Biden and early Harris administrations.

The complaint, obtained by CNN through public records requests, details several specific allegations. Chief among them is Boasberg's oversight of FISA warrant applications, where critics argue he has rubber-stamped approvals without sufficient scrutiny, potentially violating civil liberties. One key example cited is a 2024 FISA renewal case involving alleged surveillance of political operatives linked to the Republican Party. The complainants allege that Boasberg dismissed concerns about overreach, ignoring evidence of procedural irregularities presented by defense attorneys. "This isn't just about one case; it's a systemic issue where the judge has prioritized secrecy over accountability," said a spokesperson for the American Liberty Institute, one of the groups behind the filing.

Boasberg, appointed by President Barack Obama in 2011, has long been a fixture in Washington's legal landscape. He serves on the U.S. District Court for the District of Columbia and has presided over high-profile cases, including those related to the January 6, 2021, Capitol riot and environmental disputes involving the Dakota Access Pipeline. His role as chief judge of the FISC since 2021 places him at the center of America's secretive surveillance apparatus, where he reviews applications for wiretaps and data collection under the Foreign Intelligence Surveillance Act. Supporters of Boasberg describe him as a meticulous jurist committed to upholding the rule of law, but detractors, particularly from right-leaning circles, have increasingly painted him as part of an entrenched "deep state" resistant to oversight.

The timing of the complaint is particularly noteworthy, coming amid heightened partisan friction in the lead-up to the 2026 midterm elections. Republicans, who regained control of the House in 2024, have ramped up investigations into what they term "weaponized" federal agencies, including the FBI and DOJ. House Judiciary Committee Chairman Jim Jordan (R-Ohio) has publicly endorsed the complaint, stating in a press release, "Judges like Boasberg must be held accountable if they're enabling unchecked surveillance on American citizens. This is about protecting our democracy from judicial overreach." Jordan's office has indicated plans to subpoena records related to Boasberg's FISC decisions, potentially escalating the matter into a congressional showdown.

Legal experts are divided on the complaint's merits. "Misconduct complaints against federal judges are rare and even rarer to succeed," noted Sarah Harrington, a professor of constitutional law at Georgetown University. "To prove bias, complainants need concrete evidence of ethical violations, not just disagreement with rulings." Harrington pointed out that the Judicial Conference, led by Chief Justice John Roberts, will review the complaint through a committee process that could take months. If substantiated, penalties could range from reprimand to removal from the bench, though such outcomes are exceedingly uncommon.

The allegations extend beyond FISA matters. The complaint references Boasberg's handling of a 2023 case involving classified documents leaked by a whistleblower, where he allegedly suppressed evidence that could have implicated high-level officials in misconduct. Complainants argue this reflects a broader pattern of protecting executive privileges at the expense of transparency. "Boasberg's court has become a black box, where decisions affecting millions are made in shadows," the filing states, invoking comparisons to past FISC controversies, such as the 2013 Edward Snowden revelations that exposed widespread NSA surveillance.

Boasberg's defenders, including former colleagues and civil liberties groups like the ACLU, have pushed back. In a statement, the ACLU's national legal director emphasized that while reforms to FISC are needed, targeting individual judges risks politicizing the judiciary. "Judge Boasberg has a track record of balanced decisions, including rulings that have curtailed government overreach," the statement read. Indeed, Boasberg has issued opinions critical of the FBI, such as in 2020 when he ordered reforms to the bureau's warrant processes following errors in the Carter Page surveillance case.

This isn't the first time Boasberg has faced scrutiny. In 2022, during the height of investigations into the January 6 insurrection, progressive groups accused him of leniency toward defendants with political connections, though those claims were dismissed. The current complaint, however, appears more organized and backed by influential figures. It includes affidavits from former intelligence officials who claim Boasberg ignored warnings about flawed FISA applications during the 2024 election cycle, potentially allowing surveillance of campaign staffers without probable cause.

The broader implications of this complaint could reshape the landscape of judicial oversight in politically charged cases. With the Supreme Court increasingly involved in disputes over executive power—such as recent rulings on presidential immunity—the FISC's role in balancing security and rights is under intense examination. Critics argue that without accountability, the court risks eroding public trust in the justice system. "This complaint is a wake-up call," said Mark Levin, a conservative commentator and former Reagan administration official, on his radio show. "If judges like Boasberg aren't checked, we're heading toward a surveillance state where dissent is silenced."

As the Judicial Conference begins its review, Boasberg has recused himself from commenting publicly, per judicial ethics guidelines. His office directed inquiries to the court's public affairs team, which issued a brief statement affirming confidence in the judge's integrity. Meanwhile, the complainants are preparing for a protracted battle, vowing to appeal to higher authorities if the conference dismisses their claims.

The fallout from this complaint extends to the political arena, where it could fuel narratives of judicial bias in the 2026 elections. Democrats have largely remained silent, with some privately expressing concern that the move is part of a broader Republican strategy to undermine independent institutions. Senate Judiciary Committee Ranking Member Dick Durbin (D-Ill.) called the complaint "politically motivated theater," suggesting it distracts from real issues like Supreme Court ethics reforms.

Historically, misconduct complaints against federal judges have a low success rate—fewer than 1% result in discipline, according to judicial records. Yet, high-profile cases, like the 2019 resignation of Judge Alex Kozinski amid harassment allegations, show that sustained pressure can lead to change. For Boasberg, a Yale Law graduate with a reputation for scholarly opinions, this challenge tests the boundaries of judicial independence in an era of polarized politics.

As investigations unfold, the complaint highlights ongoing debates over surveillance reform. Proposals in Congress, such as the bipartisan FISA Reform Act of 2025, aim to introduce more transparency, including public advocates in FISC proceedings. Advocates hope this case will accelerate such changes, ensuring that judges like Boasberg operate under greater scrutiny.

In summary, the misconduct complaint against Judge Boasberg represents a flashpoint in the intersection of law, politics, and national security. Whether it leads to substantive action or fizzles as partisan noise remains to be seen, but it underscores the fragile trust in America's judicial institutions amid deepening divisions. As one anonymous legal insider put it, "This isn't just about one judge; it's about whether the system can police itself in the face of ideological warfare." The coming months will determine if this complaint marks a turning point or merely another chapter in Washington's endless saga of contention.

Read the Full CNN Article at:
[ https://www.cnn.com/2025/07/28/politics/boasberg-misconduct-complaint ]