Two federal judges at the center of fierce clashes with the Trump administration have declined Senate invitations to testify, setting up a high-stakes hearing on Capitol Hill this week.
U.S. District Judge James Boasberg of Washington, D.C., and U.S. District Judge Deborah Boardman of Maryland have both refused to appear before the Senate Judiciary Committee at a hearing titled "Impeachment: Holding Rogue Judges Accountable."
The committee, chaired by Sen. Chuck Grassley, R-Iowa, issued the invitations after a series of rulings that blocked Trump administration initiatives on immigration and deportation.
Boasberg, an Obama appointee and chief judge of the D.C. federal court, drew Republican ire for temporarily halting the use of the 1798 Alien Enemies Act to deport Venezuelan nationals linked to the Tren de Aragua gang, which the administration designated a foreign terrorist organization.
The Supreme Court later vacated his order on venue grounds.
Boasberg has also faced scrutiny for signing nondisclosure orders and subpoenas in a Biden-era FBI investigation dubbed "Arctic Frost" that obtained communication records of Republican lawmakers and staff probing 2020 election claims.
Boardman issued a nationwide injunction in August 2025 blocking a Trump executive order seeking to limit birthright citizenship for children of non-citizens.
The administration has appealed to the Supreme Court.
Former Deputy Assistant Attorney General Tom Dupree told Fox News Live that the judges’ refusal to testify was expected.
"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," Dupree said.
Dupree noted that impeachment of federal judges remains rare and usually reserved for criminal conduct rather than disputed rulings.
He cited the Trump Justice Department’s reported 92 percent success rate in reversing adverse lower-court decisions on appeal.Republican lawmakers have renewed impeachment calls against Boasberg, citing the Arctic Frost matter and other allegations.
Rep. Brandon Gill, R-Texas, filed articles of impeachment Nov. 4.
Six GOP senators have asked the D.C. Circuit to suspend Boasberg administratively pending possible impeachment proceedings.
A Rasmussen Reports survey found 67 percent of likely voters consider the Arctic Frost matter a serious scandal.
The Justice Department filed a judicial misconduct complaint against Boasberg earlier this year over comments he made at a Judicial Conference meeting suggesting the Trump administration might defy court orders.
Chief Justice John Roberts has previously stated that impeachment is not the proper response to disagreement with judicial decisions and that the normal appellate process exists for that purpose.
With two empty chairs at Thursday’s hearing, Senate Republicans say they will press forward by questioning other witnesses about the rulings and conduct in question.
Whether the confrontation leads to formal impeachment articles or simply more appeals remains to be seen.
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