A federal court official has explained that Chief Judge James Boasberg likely didn't know that FBI subpoenas in the "Arctic Frost" investigation targeted members of Congress when he signed gag orders concealing them. Robert Conrad Jr., director of the administrative office for federal courts, told Senate Judiciary Chairman Chuck Grassley that judges routinely approve non-disclosure orders without seeing the actual subpoenas—requests typically only include phone numbers without identifying whether they belong to lawmakers.
The controversy centers on former special counsel Jack Smith's 2023 investigation that led to election charges against Donald Trump. Smith subpoenaed phone records of about a dozen Republican Congress members, and Boasberg authorized one-year gag orders preventing phone companies from notifying the lawmakers. The subpoenas covered metadata like call timing and recipient information, but not content.
Senator Grassley criticized the situation, noting that while the DOJ's Public Integrity Section warned Smith's team about potential constitutional concerns regarding congressional protections, Smith proceeded anyway and apparently didn't inform the court about the lawmakers' involvement. Grassley called Smith's apparent lack of transparency "deeply troubling."
Senator Ron Johnson expressed dissatisfaction with the explanation, demanding Boasberg lift seals and provide full public disclosure. Some Republicans, including Senator Ted Cruz, have pushed for Boasberg's impeachment over the matter, though a planned hearing was postponed.
The DOJ has since revised its policies to require prosecutors to notify courts when seeking gag orders against Congress members, a change that came after Smith's subpoenas were issued.
