WASHINGTON, D.C. – U.S. Senators Marsha Blackburn (R-Tenn.), Ted Cruz (R-Texas), Josh Hawley (R-Mo.), and Rick Scott (R-Fla.) sent a letter asking U.S. Attorney General Pam Bondi to unseal the application for a non-disclosure order signed by Obama-appointed Judge James Boasberg that required phone carriers to keep the Biden DOJ and Jack Smith’s subpoenas secret for one year.

Judge Boasberg Ordered Phone Carrier Companies to Keep Biden DOJ’s Subpoenas for Republicans’ Phone Records Secret

“As you know, the Biden Department of Justice (DOJ) sought and ultimately obtained cell phone ‘tolling data’ from at least eleven members of Congress. While we have learned more about the corrupt nature of this investigation in the weeks that have followed this disturbing revelation, there is still much that we do not know. In May 2023, the Biden DOJ—at the direction of Special Counsel Jack Smith—issued grand jury subpoenas to several telecommunications companies regarding our cell phone records, gaining access to the time, recipient, duration, and location of calls placed on our devices from January 4, 2021, to January 7, 2021. As we have recently learned, attached to that subpoena was a non-disclosure order, signed by Chief Judge James Boasberg.” 

Judge Boasberg Had No Right to Issue Non-Disclosure Order

“Astoundingly, Judge Boasberg found ‘reasonable grounds’ to conclude that, if we were notified of these unlawful subpoenas, ‘such disclosure will result in destruction of or tampering with evidence, intimidation of potential witnesses, and serious jeopardy to the [Arctic Frost] investigation.’ In short, without citing any factual basis to support these supposed ‘reasonable grounds,’ Judge Boasberg determined that multiple United States Senators would destroy evidence and intimidate witnesses—a conclusion that defies both logic and the facts. Plain and simple: we did nothing wrong, and there is zero evidence to conclude that we would have destroyed evidence or intimidated witnesses. We write because the American people deserve to know more about the ‘reasonable grounds’ that Judge Boasberg found to avoid informing us of these unlawful subpoenas.” 

Senators Urge AG Bondi to Unseal Application for Judge Boasberg’s Non-Disclosure Order

“The Stored Communications Act makes clear that the government… when seeking a non-disclosure order… must submit an application that sets forth the factual background showing reasonable grounds for the gag order. It is our understanding that this application is currently under seal in the Arctic Frost grand jury materials. We urge you to immediately move to unseal and provide this application that accompanied the gag order. Judge Boasberg’s order was a blatant abuse of power, and we must get to the bottom of how he arrived at the baseless conclusion that duly elected members of Congress would destroy evidence or intimidate witnesses. Jack Smith and the Biden DOJ spied on their political opponents, violated the Constitution, and weaponized the justice system to target members of Congress—all in an effort to go after President Trump. The American people deserve transparency about this egregious investigation and the full extent of the corruption of Jack Smith’s witch hunt. Unsealing this document is a critical step forward in our efforts to hold accountable Jack Smith, Judge Boasberg, and all individuals who participated in this miscarriage of justice. Thank you for your continued work to root out the two-tiered system of justice that existed for far too long under President Biden’s watch.”

Click here to read the full letter.

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