James Emanuel Boasberg (born February 20, 1963) is a United States district judge of the

United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District ...

. He served as the Presiding Judge of the

United States Foreign Intelligence Surveillance Court The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants aga ...

from 2020 to 2021 and is a former associate judge on the

Superior Court of the District of Columbia The Superior Court of the District of Columbia, commonly referred to as DC Superior Court, is the trial court for the District of Columbia, in the United States. It hears cases involving criminal and civil law, as well as family court, landlor ...

Early life and education

Boasberg was born in

San Francisco San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17t ...

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

in 1963, to Sarah Margaret (Szold) and Emanuel Boasberg III. The family moved to Washington, D.C. when Boasberg's father accepted a position in

Sargent Shriver Robert Sargent Shriver Jr. (November 9, 1915 – January 18, 2011) was an American diplomat, politician, and activist. As the husband of Eunice Kennedy Shriver, he was part of the Kennedy family. Shriver was the driving force behind the creatio ...

Office of Economic Opportunity The Office of Economic Opportunity was the agency responsible for administering most of the War on Poverty programs created as part of United States President Lyndon B. Johnson's Great Society legislative agenda. It was established in 1964 as an ...

, a

Great Society The Great Society was a set of domestic programs in the United States launched by Democratic President Lyndon B. Johnson in 1964–65. The term was first coined during a 1964 commencement address by President Lyndon B. Johnson at the Universit ...

agency responsible for implementing and administering many of

Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...

War on Poverty The war on poverty is the unofficial name for legislation first introduced by United States President Lyndon B. Johnson during his State of the Union address on January 8, 1964. This legislation was proposed by Johnson in response to a nationa ...

programs. Boasberg received a

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four yea ...

from

Yale University Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the w ...

in 1985, where he was a member of

Skull and Bones Skull and Bones, also known as The Order, Order 322 or The Brotherhood of Death, is an undergraduate senior secret student society at Yale University in New Haven, Connecticut. The oldest senior class society at the university, Skull and Bone ...

, and a

Master of Studies The Master of Studies or Master in Studies (M.St. or MSt; ) is a postgraduate degree at the University of Oxford, University of Cambridge, University of St Andrews, the Australian National University, University of Dublin and the University of ...

the following year from

St Peter's College, Oxford St Peter's College is one of the constituent colleges of the University of Oxford and is located in New Inn Hall Street, Oxford, United Kingdom. It occupies the site of two of the university's medieval halls, dating back to at least the 14th ...

.Alt URL
/ref> He then earned his

Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...

from

Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & World ...

in 1990.

Clerkship and legal career

After completing law school, Boasberg served as a

law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...

for Judge Dorothy W. Nelson of the

United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

for the 1990–91 term. He then went into private practice, working at firms first in San Francisco (1991–94) and then in the District of Columbia (1995–96). In 1996, Boasberg joined the office of the

United States Attorney for the District of Columbia The United States Attorney for the District of Columbia (USADC) is the United States Attorney responsible for representing the federal government in the United States District Court for the District of Columbia. The U.S. Attorney's Office for t ...

where he would spend 5.5 years as a prosecutor, specializing in homicides.

Judicial service

In September 2002, Boasberg became an Associate Judge of the

, where he served in the Civil and Criminal Divisions and the Domestic Violence Branch until his appointment to the federal bench in 2011. During the

111th Congress The 111th United States Congress was a meeting of the legislative branch of the United States federal government from January 3, 2009, until January 3, 2011. It began during the last weeks of the George W. Bush administration, with th ...

, Delegate

Eleanor Holmes Norton Eleanor Holmes Norton (born June 13, 1937) is an American lawyer and politician serving as a delegate to the United States House of Representatives, representing the District of Columbia since 1991. She is a member of the Democratic Party. Ea ...

recommended Boasberg to fill a judicial vacancy on the

. On June 17, 2010, President

Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...

formally nominated Boasberg to the District Court for the District of Columbia. Boasberg was confirmed on March 14, 2011 by a 96–0 vote. He received his commission on March 17, 2011. Boasberg is considered a

feeder judge In the United States, feeder judges are prominent judges in the American federal judiciary whose law clerks are frequently selected to become law clerks for the justices of the U.S. Supreme Court. Feeder judges are able to place comparatively many ...

, sending numerous clerks to the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

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

for a term starting May 18, 2014 to a seat being vacated by

Reggie Walton Reggie Barnett Walton (born February 8, 1949) is a Senior United States district judge of the United States District Court for the District of Columbia. He is a former presiding judge of the Foreign Intelligence Surveillance Court. Early life ...

. His term began May 18, 2014. On December 20, 2019, the

FISC Under the Merovingians and Carolingians, the fisc (from Latin ''fiscus,'' whence we derive "fiscal") applied to the royal demesne which paid taxes, entirely in kind, from which the royal household was meant to be supported, though it rarely was. ...

announced he will replace the Presiding Judge

January 1, 2020 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 Osama bin Mohammed bin Awad bin Laden (10 March 1957 – 2 May 2011) was a Saudi-born extremist militant who founded al-Qaeda and served as its leader from 1988 until his death in 2011. Ideologically a pan-Islamist, his group is designated ...

. Judicial Watch, a conservative legal group, had filed a request under the

Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request: * Freedom of Information Act 1982, the Australian act * ...

(FOIA), but were unsuccessful in convincing the Judge that FOIA rights outweighed national-security factors.

Registered tax return preparer regulations

On January 18, 2013, Boasberg issued a permanent injunction prohibiting the

Internal Revenue Service The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory t ...

from enforcing regulations on

Registered Tax Return Preparer A Registered Tax Return Preparer is a former category of federal tax return preparers created by the U.S. Internal Revenue Service (IRS). In January 2013, the IRS announced the suspension of the program because of a ruling on January 18, 2013, by J ...

s, which otherwise required tax return preparers to register with the IRS and pass a written test as evidence of competency. ''Loving v. Internal Revenue Service,'' No. 12-385 (U.S.D.C. D.C. 1/18/2013). The IRS appealed and in 2014, the Court of Appeals upheld Boasberg's district court decision.

Hillary Clinton emails

On August 22, 2016, Boasberg ordered the release of over 14,000 emails found in the

United States Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other na ...

correspondence of

Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...

by the FBI during an investigation of Clinton's private server. These emails were requested by

Judicial Watch Judicial Watch (JW) is an American conservative activist group that files Freedom of Information Act (FOIA) lawsuits to investigate claimed misconduct by government officials. Founded in 1994, JW has primarily targeted Democrats, in particu ...

, a conservative legal group, because the FBI had indicated that emails were work-related and not entirely private as Clinton had previously said.

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's Joint Committee on Taxation signed off to allow the disclosure.

Medicaid work rules

On March 27, 2019, Boasberg blocked a work requirement for recipients of

Medicaid Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and per ...

in Arkansas and Kentucky.

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 The Dakota Access Pipeline (DAPL) or Bakken pipeline is a underground pipeline in the United States that has the ability to transport up to 750,000 barrels of light sweet crude oil per day. It begins in the shale oil fields of the Bakken Form ...

. In a subsequent decision on July 6, 2020, he vacated an

easement An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a propert ...

to cross the Missouri River pending completion of the environmental review and ordered the pipeline to be emptied within 30 days. On August 5, a three-judge panel of the

United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate co ...

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.

North Atlantic Right Whale

On April 9, 2020, Boasberg issued an opinion finding that the

National Marine Fisheries Service The National Marine Fisheries Service (NMFS), informally known as NOAA Fisheries, is a United States federal agency within the U.S. Department of Commerce's National Oceanic and Atmospheric Administration (NOAA) that is responsible for the stew ...

violated the

Endangered Species Act The Endangered Species Act of 1973 (ESA or "The Act"; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of ec ...

when it issued a Biological Opinion in 2014 allowing for the accidental killings of

North Atlantic right whales The North Atlantic right whale (''Eubalaena glacialis'') is a baleen whale, one of three right whale species belonging to the genus '' Eubalaena'', all of which were formerly classified as a single species. Because of their docile nature, their ...

(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.

Personal life

Boasberg married Elizabeth Leslie Manson in 1991. His brother, Tom Boasberg, succeeded

Michael Bennet Michael Farrand Bennet (born November 28, 1964) is an American attorney, businessman, and politician serving as the senior United States senator from Colorado, a seat he has held since 2009. A member of the Democratic Party, he was appointed ...

Superintendent Superintendent may refer to: *Superintendent (police), Superintendent of Police (SP), or Senior Superintendent of Police (SSP), a police rank *Prison warden or Superintendent, a prison administrator *Superintendent (ecclesiastical), a church exec ...

Denver Public Schools The Denver County School District No. 1, more commonly known as the Denver Public Schools (DPS), is the public school system in the City and County of Denver, Colorado, United States. History In 1859, Owen J. Goldrick established the Union Scho ...

after

Colorado Governor The governor of Colorado is the head of government of the U.S. state of Colorado. The governor is the head of the executive branch of Colorado's state government and is charged with enforcing state laws. The governor has the power to either appr ...

Bill Ritter August William Ritter Jr. (born September 6, 1956) is an American politician and lawyer who served as the 41st Governor of Colorado from 2007 to 2011. A member of the Democratic Party, he served as the district attorney for Denver before his ele ...

appointed Bennet to the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and po ...

in January 2009. 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 The Shakespeare Theatre Company is a regional theatre company located in Washington, D.C. The theatre company focuses primarily on plays from the Shakespeare canon, but its seasons include works by other classic playwrights such as Euripides, ...

References

External links

* *
Biography of Judge Boasberg at the Superior Court
, - , - {{DEFAULTSORT:Boasberg, James E. 1963 births 21st-century American judges Alumni of St Peter's College, Oxford Assistant United States Attorneys Judges of the Superior Court of the District of Columbia Judges of the United States District Court for the District of Columbia Judges of the United States Foreign Intelligence Surveillance Court Living people United States district court judges appointed by Barack Obama Yale Law School alumni