Two Republican senators have accused [1] Special Counsel Jack Smith and U.S. District Court Chief Judge James Boasberg of authorizing an unlawful surveillance operation targeting elected officials, escalating what has become known as the “Arctic Frost Scandal.”
The allegations surfaced after it was revealed that the Department of Justice secretly subpoenaed the phone records of at least ten Republican senators, including Lindsey Graham of South Carolina and Ted Cruz of Texas.
Both senators confirmed this week that their official and campaign phone data had been obtained through sealed court orders signed by Judge Boasberg, who also imposed a gag order preventing them from being informed for more than a year.
The subpoenas were issued to multiple telecommunications companies, including Verizon, as part of Special Counsel Jack Smith’s investigation into political communications related to the 2020 election and the early stages of the 2024 campaign.
Senator Graham released a statement on X, criticizing both Smith and Boasberg for what he described as a serious constitutional violation.
“It is now clear that my official and campaign phone records were subpoenaed by Special Counsel Jack Smith,” Graham wrote.
“Worse, a judicial gag order was issued prohibiting me from being informed of the subpoena for at least a year because Judge Boasberg believed that if I were informed, it would lead to witness tampering and destruction of evidence. That is legal slander.”
Graham accused Verizon of “extremely irresponsible” conduct for complying with the subpoena and said the company should have refused to turn over the records.
“They should have followed AT&T’s example and declined to turn over the records because it is a violation of the Speech and Debate Clause of the U.S. Constitution,” Graham said.
“The misconduct here is worthy of a Watergate-style investigation.”
Graham also called for the formation of a Senate Select Committee to investigate the matter.
“This fishing expedition against at least ten Republican U.S. Senators by Special Counsel Jack Smith is the biggest violation of separation of powers in our nation’s history,” he added.
“The driver of this outrageous conduct was a desire to stop President Trump’s 2024 campaign for president.”
It is now clear that my official and campaign phone records were subpoenaed by Special Counsel Jack Smith. Worse, a judicial gag order was issued prohibiting me from being informed of the subpoena for at least a year because Judge Boasberg believed that if I were informed, it… https://t.co/5e8UyirJjL [2]
— Lindsey Graham (@LindseyGrahamSC) October 31, 2025 [3]
At a separate press conference, Senator Cruz called for immediate congressional action, including impeachment proceedings against Judge Boasberg.
“I am right now calling on the House of Representatives to impeach Judge Boasberg,” Cruz said.
“Judge Boasberg put his robe down, stood up, and said, ‘Sign me up to be part of the partisan vendetta against 20% of the Republicans in the Senate.’ That is a dereliction of duty and a violation of the judicial oath.”
Cruz thanked Senators Chuck Grassley and Ron Johnson for investigating the matter, pledging that the Senate would pursue accountability.
“We are going to get the answers of every person who signed off on this abuse of power — and mark my words, there will be accountability for these zealots who wanted to corrupt the Department of Justice and corrupt the judiciary in order to try to attack their enemies list,” Cruz said.
I am, right now, calling on the House of Representatives to impeach Judge Boasberg.
Mark my words: there will be accountability for these partisan zealots who sought to corrupt the DOJ and judiciary to attack their enemies. pic.twitter.com/J8lkD1fvmL [4]
— Senator Ted Cruz (@SenTedCruz) October 29, 2025 [5]
Legal analyst Mike Benz outlined three potential criminal charges that Attorney General Pam Bondi could bring against Judge Boasberg in connection with the Arctic Frost investigation.
In a post shared on X, Benz cited the following statutes:
- Deprivation of Rights Under Color of Law (18 U.S.C. § 242) — for allegedly depriving senators of their right to be notified of legal actions involving their official communications.
- Obstruction of Proceedings Before Congress (18 U.S.C. § 1505) — for allegedly preventing the Senate from exercising oversight or intervening in the subpoenas.
- Conspiracy Against Rights (18 U.S.C. § 241) — for allegedly conspiring with the special counsel’s office to conceal the subpoenas and avoid Senate challenge.
Benz said these charges could apply based on evidence that Boasberg knowingly concealed the subpoenas’ existence from the senators affected.
Here are 3 criminal charges Pam Bondi could immediately arrest Judge Boasberg for over the Arctic Frost scandal. The third criminal charge would arrest Jack Smith as co-conspirator with Judge Boasberg. https://t.co/n1BX86FPv8 [6] pic.twitter.com/5tNu2wfKhV [7]
— Mike Benz (@MikeBenzCyber) November 1, 2025 [8]
The case has drawn renewed scrutiny because Judge Boasberg previously presided over high-profile matters involving January 6 defendants and Foreign Intelligence Surveillance Court actions related to political investigations.
Former federal prosecutor Mike Davis also criticized Boasberg, claiming the judge “allowed Team Biden to illegally spy on Trump allies,” including sitting senators.
Davis said the House should move to impeach Boasberg, describing the conduct as “a grave breach of judicial ethics and constitutional limits.”
DC Obama Judge Jeb Boasberg endangered American and allied lives when he illegally exposed an ongoing military operation.
Boasberg freed a NYC woman who traveled to the White House after threatening to kill President Trump.
Boasberg allowed Team Biden to illegally spy on Trump… pic.twitter.com/Vcz11eLH5c [9]
— Mike Davis (@mrddmia) November 1, 2025 [10]
The Department of Justice and Special Counsel Jack Smith have not commented publicly on the reported subpoenas.
The House Judiciary and Senate Judiciary Committees are expected to seek further information regarding the scope of the surveillance orders and the reasoning behind the gag orders signed by Judge Boasberg.