U.S. Senator Sheldon Whitehouse (D-RI), Ranking Member of the Senate Judiciary Committee on Federal Courts, Oversight, Agency Action and Federal Rights, sent a letter to Supreme Court Chief Justice John Roberts last week which began: “Over the past several years, you and I have not seen eye to eye on every issue facing the Supreme Court and the Judicial Conference of the United States.”
Due to his position on the Senate Judiciary Committee, Whitehouse has been invited to the Judicial Conferences, which are led by Roberts. Whitehouse added: “I have always respected the Conference’s desire that your proceedings remain private. I hope you agree.”
In the letter (below), Whitehouse noted that he “was shocked to see the Department of Justice violate the Conference’s privacy with its recent filing that purports to be an ethics complaint against a Conference member, Judge James Boasberg.”
The filing at issue is the DOJ’s claim that Boasberg, in private, made “improper comments” about President Donald Trump.
Why did I send this letter to the Chief Justice?
So he’d understand the full scenario that just touched the Judicial Conference (the administrative body of judges that oversees the operations of the Judicial Branch), which he convenes and chairs.
— Sheldon Whitehouse (@SenWhitehouse) August 7, 2025
[NOTE: When Boasberg issued a restraining order in March blocking the Trump administration’s deportation of Venezuelan nationals citing the Alien Enemies Act as justification, Attorney General Pam Bondi criticized Boasberg.]
(1/2) Attorney GeneAral Pam Bondi claims that U.S. District Chief Judge James Boasberg sided with a Venezuelan terrorist group over the American people in a recent decision. That isn’t true.
But Mary McCord (@GeorgetownICAP) argues that Bondi’s false assertion does reveal the… pic.twitter.com/SY7Kdj5FSo
— Just Security (@just_security) March 25, 2025
Whitehouse also noted that he attended the Judicial Conference’s March 2025 meeting while Bondi, who was also invited, did not attend.
The DOJ’s misconduct complaint against Boasberg recommends a reassignment of cases and possible impeachment of the judge, claiming his “improper public comments about President Trump” were voiced to Justice Roberts in a Judicial Conference meeting. Aside from the content of what may have been said, the difference between public and private comments is at issue, with the DOJ asserting that a seemingly private meeting at a private event — the Judicial Conference — can be categorized as public.
So with Bove safely rammed through our Judiciary Committee, now comes DOJ with an ethics complaint against Boasberg, based supposedly on comments he made in the private, administrative venue of the Judicial Conference.https://t.co/OJkNVAudys
— Sheldon Whitehouse (@SenWhitehouse) August 7, 2025
Whitehouse concluded the letter, which also criticized the confirmation of Emil Bove, Donald Trump’s former criminal defense attorney, to a U.S. Court of Appeals judgeship, by writing: “I plan to continue to honor the Conference’s desire that such discussions not be shared publicly. However, please let me know if the Conference’s position on privacy have changed in light of the Department’s recent actions based on Judicial Conference proceedings.”
Note: Prior to Boasberg becoming Chief Judge of the U.S. District Court for the District of Columbia in 2023, Chief Justice Roberts appointed Boasberg to the U.S. Foreign Intelligence Surveillance Court (FISC) in 2014, where Boasberg served as a judge throughout the first Trump administration.