James Boasberg Explained

James Boasberg
Office:Chief Judge of the United States District Court for the District of Columbia
Term Start:March 17, 2023
Predecessor:Beryl Howell
Office1:Chief Judge of the United States Alien Terrorist Removal Court
Term Start1:January 1, 2020
Predecessor1:Rosemary M. Collyer
Office2:Presiding Judge of the United States Foreign Intelligence Surveillance Court
Term Start2:January 1, 2020
Term End2:May 19, 2021
Predecessor2:Rosemary M. Collyer
Successor2:Rudolph Contreras
Office3:Judge of the United States Foreign Intelligence Surveillance Court
Term Start3:May 18, 2014
Term End3:May 19, 2021
Predecessor3:Reggie Walton
Successor3:Amit Mehta
Office4:Judge of the United States District Court for the District of Columbia
Appointer4:Barack Obama
Term Start4:March 17, 2011
Predecessor4:Thomas F. Hogan
Office5:Judge of the Superior Court of the District of Columbia
Appointer5:George W. Bush
Term Start5:September 2002
Term End5:March 14, 2011
Predecessor5:Gregory Mize
Successor5:John F. McCabe[1]
Birth Name:James Emanuel Boasberg
Birth Date:20 February 1963
Birth Place:San Francisco, California, U.S.
Education:Yale University (BA, JD)
St Peter's College, Oxford (MSt)

James Emanuel "Jeb" Boasberg (born February 20, 1963)[2] is an American lawyer who is the chief judge of the United States District Court for the District of Columbia. He served as the presiding judge of the United States Foreign Intelligence Surveillance Court from 2020 to 2021 and is a former associate judge on the Superior Court of the District of Columbia.

Early life and education

Boasberg was born in San Francisco, California, in 1963,[3] to Sarah Margaret (née Szold) and Emanuel Boasberg III.[4] [5] The family moved to Washington, D.C. when Boasberg's father accepted a position in Sargent Shriver's Office of Economic Opportunity, a Great Society agency responsible for implementing and administering many of Lyndon B. Johnson's War on Poverty programs.[6] [7]

After high school, Boasberg attended Yale University, where he was a member of Skull and Bones[8] and graduated in 1985 with a Bachelor of Arts, magna cum laude. The following year, he received a Master of Studies degree from St Peter's College, Oxford.[9] From 1986 to 1987, Boasberg was a history teacher and women's basketball coach at the Horace Mann School in New York City. He then attended Yale Law School, where he was a classmate of future Supreme Court justice Brett Kavanaugh. He graduated in 1990 with a Juris Doctor.[9]

Clerkship and legal career

After completing law school, Boasberg served as a law clerk for Judge Dorothy Wright Nelson of the United States Court of Appeals for the Ninth Circuit from 1990 to 1991.[9] He then went into private practice, working in San Francisco at Keker, Brockett & Van Nest (now Keker, Van Nest & Peters LLP) from 1991 to 1994 and then in the District of Columbia at Kellogg, Hansen, Todd, Figel & Frederick from 1995 to 1996.[10] In 1996, Boasberg joined the office of the United States Attorney for the District of Columbia where he would spend five and a half years as a prosecutor, specializing in homicides.[10]

Judicial service

In September 2002, Boasberg became an associate judge of the Superior Court of the District of Columbia, having been appointed by President George W. Bush. He served in the civil and criminal divisions, and the domestic violence branch, until his appointment to the federal bench in 2011.[10] During the 111th Congress, Delegate Eleanor Holmes Norton recommended Boasberg to fill a judicial vacancy on the United States District Court for the District of Columbia.[11] On June 17, 2010, President Barack Obama formally nominated Boasberg to the district court for the District of Columbia.[9] Boasberg was confirmed on March 14, 2011 by a 96–0 vote.[12] He received his commission on March 17, 2011. He became the chief judge on March 17, 2023.

Boasberg is considered a feeder judge, sending numerous clerks to the Supreme Court.[13]

Appointment to United States Foreign Intelligence Surveillance Court

On February 7, 2014, Chief Justice John G. Roberts announced that he would appoint Boasberg to the United States Foreign Intelligence Surveillance Court for a term starting May 18, 2014 to a seat being vacated by Reggie Walton.[14] [15] His term began May 18, 2014. On December 20, 2019, the FISC announced he will replace the presiding judge FISC January 1, 2020[16] and elevated to preside. His term as presiding judge and judge of the FISC ended on May 19, 2021.

Appointment to Alien Terrorist Removal court

In 2020, he was appointed to the United States Alien Terrorist Removal Court and designated chief judge.

Notable rulings

Osama Bin Laden photos

On April 26, 2012, Boasberg ruled that the public had no right to view government photos of a deceased Osama bin Laden. Judicial Watch, a conservative legal group, had filed a request under the Freedom of Information Act (FOIA), but were unsuccessful in convincing Boasberg that FOIA rights outweighed national-security factors.[17]

Hillary Clinton emails

On August 22, 2016, Boasberg ordered the release of over 14,000 emails found in the United States Department of State correspondence of Hillary Clinton by the FBI during an investigation of Clinton's private server.[18] These emails were requested by Judicial Watch, a conservative legal group, because the FBI had indicated that emails were work-related and not entirely private as Clinton had previously said.[18]

Trump tax returns

On August 18, 2017, Boasberg dismissed a lawsuit from the Electronic Privacy Information Center (EPIC), which had sued the IRS under FOIA seeking President Donald Trump's personal tax returns from 2010 to the present to be released. Boasberg concluded that because personal tax returns are confidential, they may only be obtained either by permission from Trump himself or if Congress' joint committee on taxation signed off to allow the disclosure.[19]

Medicaid work rules

On March 27, 2019, Boasberg blocked a work requirement for recipients of Medicaid in Arkansas and Kentucky.[20]

Dakota Access Pipeline

On March 25, 2020, Boasberg ordered a sweeping new environmental review by the Army Corps of Engineers of the Dakota Access Pipeline.[21]

In a subsequent decision on July 6, 2020, he vacated an easement to cross the Missouri River pending completion of the environmental review and ordered the pipeline to be emptied within 30 days.[22] On August 5, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit upheld the ruling regarding the easement; however, the judges vacated the order to empty the pipeline and asked the Army Corps of Engineers to submit a follow-up brief on whether they would allow continued pipeline operation without the easement.[23]

North Atlantic Right Whale

On April 9, 2020, Boasberg issued an opinion finding that the National Marine Fisheries Service violated the Endangered Species Act when it issued a biological opinion in 2014 allowing for the accidental killings of North Atlantic right whales, of which only about 400 remain as of April 8, 2020; by the American lobster fishery, which consists of seven areas spanning the east coast from Maine to North Carolina.[24]

Personal life

Boasberg married Elizabeth Leslie Manson in 1991.[4] His brother, Tom Boasberg, succeeded Michael Bennet as Superintendent of Denver Public Schools after Governor Bill Ritter appointed Bennet to the United States Senate in January 2009.[25] [26]

He is an aficionado of William Shakespeare's plays. In February 2018, he played a crown prosecutor in The Trial of Hamlet that was presented at the Shakespeare Theatre Company.[27]

See also

External links

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Notes and References

  1. http://jnc.dc.gov/sites/default/files/dc/sites/jnc/publication/attachments/Record-JNC-Recs-Desigs-Oct13.pdf Report of District of Columbia Judicial Nomination Commission
  2. Book: U.S. Congress, Senate Committee on Governmental Affairs. Hearing before the Committee on Governmental Affairs, United States Senate, One Hundred Seventh Congress, second session, on the nomination of James "Jeb" E. Boasberg to be an associate judge of the Superior Court of the District of Columbia, June 26, 2002. 2002. U.S. G.P.O.. Washington, D.C.. 9780160689093. Volume 107, Issue 561 of S. hrg, United States Congress. May 24, 2017.
  3. Web site: United States Senate Committee on the Judiciary . Questionnaire for Judicial Nominees: James Emanuel Boasberg . January 5, 2011 . March 11, 2011.
  4. News: Elizabeth Leslie Manson Is Married To J. E. Boasberg in New Hampshire . . August 26, 1991 . March 11, 2011.
  5. News: Sally Boasberg, landscape designer and advocate for District's green spaces, dies at 74 . The Washington Post. May 14, 2015.
  6. News: Nancy . Mitchell . Boasberg sole finalist for DPS superintendent job . https://web.archive.org/web/20090303003559/http://www.rockymountainnews.com/news/2009/jan/08/boasberg-44-chosen-new-dps-superindendent/. 3 March 2009. . January 9, 2009.
  7. News: Jeremy P. . Meyer . Boosters say Boasberg's the man to lead DPS . . January 21, 2009 . March 11, 2011.
  8. News: Powerful Secrets . . July 2004 . Robbins . Alexandra . 116.
  9. Web site: The White House: Office of the Press Secretary . https://web.archive.org/web/20170216172014/https://obamawhitehouse.archives.gov/the-press-office/president-obama-names-three-united-states-district-court-61710 . President Obama Names Three to United States District Court. February 16, 2017 . June 17, 2010 . . . June 8, 2017. Alt URL
  10. Web site: U.S. District Court for the District of Columbia . Official Biography . March 22, 2017.
  11. News: Joe . Palazzolo . White House Vetting OPR Chief for Federal Judgeship . Main Justice . February 8, 2010 . March 11, 2011.
  12. Web site: On the Nomination (Confirmation James Emanuel Boasberg, of the District of Columbia, to be U.S. District Judge). November 1, 2022.
  13. Web site: Lat . David . 2015-08-20 . Supreme Court Clerk Hiring Watch: Ranking The Non-Traditional Feeder Judges - Above the LawAbove the Law . 2022-12-08 . en-US.
  14. Web site: FISA Court Appointments, Potential Reforms, and More from CRS. Secrecy News. February 7, 2014. dead. https://web.archive.org/web/20140221211210/http://blogs.fas.org/secrecy/2014/02/fisa-crs/. February 21, 2014.
  15. Web site: Two Judges Appointed to Foreign Intelligence Surveillance Court. Federation of American Scientists. February 7, 2014.
  16. News: Surveillance Court Orders Review of Actions by Ex-F.B.I. Lawyer. Savage. Charlie. December 20, 2019. The New York Times.
  17. Web site: Federal judge blocks release of bin Laden death photos. 26 April 2012. cnn.com. May 14, 2015.
  18. News: Reid . Paula . August 22, 2016 . Judge orders expedited release of 15,000 Hillary Clinton documents found by FBI . . . August 22, 2016 . Initially, the State Department attorney would not answer Judge James Boasberg's repeated questions about the number of emails recovered by the FBI. The judge urged the State Department to expedite its review of what is called "Disc 1," which is one of two discs handed over from FBI to the State Department in late July..
  19. News: Federal court can't force IRS to release Trump's tax returns. Seipel. Brooke. 2017-08-18. The Hill. 2017-08-19.
  20. News: Federal judge blocks Medicaid work rules in blow to Trump . Associated Press . March 27, 2019.
  21. News: Standing Rock Sioux Tribe Wins a Victory in Dakota Access Pipeline Case . The New York Times . March 25, 2020 . Friedman . Lisa .
  22. Web site: Court Rules Dakota Access Pipeline Must Be Emptied For Now. 2020-08-10. NPR.org. 6 July 2020. en. Wamsley. Laurel.
  23. Web site: Adam. Willis. Court issues mixed ruling on DAPL, letting the pipeline stay open during appeal. 2020-08-10. Jamestown Sun. 5 August 2020. en.
  24. News: In major ruling for right whales, federal judge rules that regulators violated Endangered Species Act . April 9, 2020.
  25. News: Jeremy P. . Meyer . Finalist is the face behind recent efforts . . January 9, 2009 . March 11, 2011.
  26. News: Christopher N. . Osher . Boasberg is unanimous pick for superintendent . . January 23, 2009 . March 11, 2011.
  27. Web site: The Trial of Hamlet . . March 1, 2018.