As The Federalist reported, Boasberg approved a scheme under the Department of Justice’s Arctic Frost weaponization against Republicans in which Smith could subpoena the phone records of House and Senate Republicans and attach a nondisclosure order (NDO) so that the congressional bodies could not find out about it from the telecommunications providers being subpoenaed.
The Republican lawmakers note that of the 43 subpoenas issued to Verizon and two issued to AT&T, all had NDOs, and 19 were approved by Boasberg, including on official devices issued by the Senate Sergeant-at-Arms (SAA).
The Federalist obtained a letter sent Thursday from Sens. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, Ron Johnson, R-Wis., chair of the Permanent Subcommittee on Investigations, and Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee, to Boasberg pointing to federal law that explicitly prohibits his actions.
The letter notes that “2 U.S.C. § 6628 provides that no law, rule, or regulation may be used to prevent a service provider from notifying a Senate office that data or records have been sought through legal process,” the letter states. “Specifically, this section states, ‘any provider for a Senate office …
shall not be barred, through operation of any court order or any statutory provision, from notifying the Senate office of any legal process seeking disclosure” (emphasis original).
Part of the law’s purpose is to give the Senate the ability to stop any such subpoenas on separation of powers grounds. But, as The Federalist CEO Sean Davis stated, “Boasberg issued the illegal gag order precisely to prevent the Senate from going to court to vindicate its rights. … He knew the Senate would have IMMEDIATELY gone to court to nuke the Biden administration’s illegal spying against at least eight U.S. senators.”
To that end, the legislators are looking for answers about the extent to which Boasberg reckoned with that statute in his approval of the NDOs.
The only explanation, at least for the subpoena of the records for Sen. Ted Cruz, R-Texas, is that Boasberg claimed he thought Cruz would destroy or tamper with evidence, intimidate potential witnesses, or put “serious jeopardy to the investigation” — something the legislators called “absurd on its face.”