Judiciary
DOJ files complaint against federal judge for alleged hostility against government lawyer
The U.S. Department of Justice has filed a misconduct complaint for alleged “hostile and egregious misconduct” by a federal judge presiding in a challenge to an executive order that says gender dysphoria conflicts with military troop readiness. (Photo by Kevin Grant/Shutterstock)
The U.S. Department of Justice filed a misconduct complaint Friday for alleged “hostile and egregious misconduct” by a federal judge presiding in a challenge to an executive order that says gender dysphoria conflicts with military troop readiness.
The DOJ filed the complaint against U.S. District Judge Ana C. Reyes of Washington, D.C., report Law360, the Associated Press and Reuters.
“The transcript reveals multiple instances where Judge Reyes’ misconduct compromised the dignity of the proceedings and demonstrated potential bias, raising serious concerns about her ability to preside impartially in this matter,” the complaint says.
Chad Mizelle, the chief of staff for U.S. Attorney General Pam Bondi, filed the complaint seeking “appropriate action” with the U.S. Court of Appeals for the District of Columbia Circuit.
Reyes is an appointee of former President Joe Biden. According to Original Jurisdiction, Reyes “is an equal-opportunity benchslapper” who has also chastised “liberal legal lions.”
The Jan. 27 executive order asks the secretary for the U.S. Department of Defense to revise the military’s transgender policy in a way that is consistent with the order.
“Adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful and disciplined lifestyle, even in one’s personal life,” the executive order says.
The Associated Press and Law 360 report that during the hearings, Reyes:
• Raised her voice and demanded an answer from a government attorney about whether President Donald Trump’s executive order showed animus by calling “an entire category of people dishonest, dishonorable, undisciplined.”
• Engaged in a rhetorical exercise regarding discrimination. Reyes declared that graduates of the University of Virginia School of Law would be barred from her courtroom because they are “liars and lack integrity.” She then told the government lawyer who was a University of Virginia School of Law grad “to sit down.” According to the ethics complaint, the directive “served no legitimate judicial purpose and transformed an attorney appearing before the court into an unwilling participant in the judge’s unnecessary demonstration.”
• Asked the government lawyer what “Jesus would say to telling a group of people that they are so worthless, so worthless that we’re not going to allow them into homeless shelters? Do you think Jesus would be, ‘Sounds right to me’?” she asked. The complaint says the question “placed DOJ counsel in an untenable position of either appearing unresponsive or speculating about how an incoherent hypothetical aligns with Judge Reyes’ personal religious beliefs.”
The plaintiffs challenging the order are six transgender people who are active-duty service members and two others who want to enlist.
Reyes is not the only federal judge feeling the heat while presiding over challenges to Trump administration policies. Republican lawmakers have introduced articles of impeachment against U.S. District Judge Paul Engelmayer of the Southern District of New York after he barred Tesla CEO Elon Musk’s representative from accessing information from the Department of the Treasury, report Bloomberg Law and Axios.
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