James “Jeb” Boasberg, an appointee of Democratic President Barack Obama, has taken over as chief judge of the U.S. District Court for the District of Columbia, replacing Judge Beryl Howell. As chief judge, Boasberg will have sole discretion over sealed federal grand jury proceedings, including those involving special counsel criminal investigations into former President Donald Trump’s retention of classified documents and efforts by him and his allies to undo his 2020 election loss. Special Counsel Jack Smith, appointed by Attorney General Merrick Garland in November, presents evidence to multiple grand juries regarding Trump’s retention of classified documents at his Mar-a-Lago estate in Florida and attempts to interfere with the peaceful transfer of power following his loss to President Joe Biden.
Boasberg’s responsibilities include assuming the same oversight duties if a grand jury is formed in a separate special counsel investigation into Biden’s handling of classified documents after leaving the vice presidency. Biden is expected to seek re-election in 2024.
Grand jury proceedings are kept from public view. Still, as chief judge, Boasberg will rule on specific legal arguments raised in the grand jury probes, including efforts to restrict witnesses from testifying. In an interview, Boasberg declined to comment on his impending grand jury oversight duties. Still, he praised his predecessor, saying the court was fortunate to have had Howell as its leader “in this very fraught period.” Boasberg has served on the court since 2011 and was picked in 2002 by Republican President George W. Bush for the local D.C. Superior Court. Both times he was quickly confirmed by the U.S. Senate.
Fellow judges and former law clerks believe that Boasberg, a tall and deep-voiced former member of Yale’s basketball team, is well-prepared to handle the cases and lead the court through the intense scrutiny that any indictment would bring. U.S. District Judge Casey Cooper in Washington, who has known Boasberg since they attended Yale together, said Boasberg is “exactly the sort of independent thinker you would want in that position,” calling him “incredibly balanced and thoughtful and fair.” During Howell’s tenure as chief judge, she regularly heard legal arguments in special counsel investigations.
Boasberg has faced challenging assignments before. In 2020 and 2021, he presided over the U.S. Foreign Intelligence Surveillance Court, which hears government requests for secret surveillance warrants. His tenure came after the Justice Department’s internal watchdog had highlighted failures in the department’s process for seeking secret warrants. Boasberg oversaw Special Counsel John Durham’s criminal case against former FBI lawyer Kevin Clinesmith, who pleaded guilty in 2020 to altering an email to justify a government wiretap of former Trump campaign adviser Carter Page. Boasberg sentenced Clinesmith to a year of probation and 400 hours of community service.
After the 2020 election, Boasberg rejected a challenge by Republican state lawmakers and others who were contesting Trump’s defeat and had asked him to block congressional certification of Biden’s election win. “Courts are not instruments through which parties engage in such gamesmanship or symbolic political gestures,” wrote Boasberg, who referred the lawyer behind the case, Erick Kaardal, to the court’s grievance committee for acting with “potential bad faith.”
It is worth noting that no sitting or former president has ever been indicted. Nonetheless, Boasberg is well-prepared to handle the cases, and fellow judges and former law clerks believe he is the ideal chief judge to lead the court through the intense scrutiny that any indictment would bring.
In conclusion, the appointment of Judge James “Jeb” Boasberg as the new chief judge of the U.S. District Court for the District of Columbia comes at a critical time in American politics, as he inherits oversight of secret proceedings involving special counsel criminal investigations into former President Donald Trump’s retention of classified documents and efforts by him and his allies to undo his 2020 election loss. Boasberg’s extensive legal experience and reputation for independent thinking make him well-suited to handle the intense scrutiny and legal challenges that may arise in these high-profile cases. As the nation continues to grapple with the aftermath of the Trump presidency and the ongoing investigations into his actions, the appointment of Judge Boasberg represents a significant development in the legal and political landscape of the United States.