DOJ Moves To Disqualify Judge Opposing Trump

Man speaking at podium outdoors gesturing with hand

The Justice Department has demanded the disqualification of Judge Beryl Howell from Trump cases, citing her “repeated demonstrations of partiality” and “animus” toward the President in a stunning move that signals the administration’s determination to ensure fair treatment in the judicial system.

Key Takeaways

  • The DOJ has formally requested Judge Beryl Howell’s recusal from a case involving Perkins Coie, the law firm that helped fund the discredited Steele dossier
  • Judge Howell recently blocked President Trump’s executive order imposing sanctions on Perkins Coie, commenting he had “a bee in his bonnet” about the firm
  • The Justice Department cited multiple instances of Howell demonstrating “hostility” toward Trump, including labeling him a flight risk and suggesting he could lead to authoritarianism
  • This unusual move by the DOJ mirrors previous efforts by Trump to disqualify judges he believed were biased, though his motions were typically denied
  • Both Judge Howell and Judge James Boasberg (who faces a similar recusal request in a deportation case) are Obama appointees currently presiding over multiple cases challenging Trump’s administration

DOJ Challenges Obama-Appointed Judge’s Impartiality

The Justice Department has taken the extraordinary step of requesting Judge Beryl Howell’s recusal from a case involving the law firm Perkins Coie, arguing she has demonstrated clear bias against President Trump. In legal filings, DOJ officials cited multiple instances where Howell allegedly showed “hostility” toward the President, including past rulings and public statements that call her objectivity into question. This move comes after Howell temporarily blocked an executive order that stripped Perkins Coie lawyers of security clearances and denied them access to government buildings.

“Howell has repeatedly demonstrated partiality against and animus towards the president,” stated Justice Department attorneys in their motion, adding that “Defendants deserve a court proceeding free from concerns about impartiality.”

The case centers on President Trump’s executive order targeting Perkins Coie, the law firm notorious for hiring Fusion GPS, which subsequently employed Christopher Steele to compile the controversial and largely discredited dossier on Trump. The President’s administration has characterized the firm’s past activities as “dishonest and dangerous,” justifying the executive order’s sanctions against them. During a recent hearing, Judge Howell dismissively remarked that Trump had “a bee in his bonnet” regarding the dossier’s false allegations about him and Russia.

Pattern of Judicial Resistance to Trump Administration

The DOJ’s actions regarding Judge Howell mirror a similar request to remove Chief Judge James Boasberg from a case involving the deportation of alleged Venezuelan gang members. Both judges, appointed by President Obama, currently preside over multiple cases challenging Trump administration policies – Howell handling at least five such cases and Boasberg overseeing three. This pattern has raised concerns about whether the President’s agenda is receiving fair and impartial treatment in the federal courts, particularly in the District of Columbia circuit.

“Reasonable observers may well view this Court as insufficiently impartial to adjudicate the meritless challenges to President Trump’s efforts to implement the agenda that the American people elected him to carry out,” stated the Justice Department’s motion.

Deputy Associate Attorney General Richard Lawson specifically cited Judge Howell’s history of “disdain” for Trump, including comments suggesting he could lead to authoritarianism and criticism of his pardons related to the January 6 Capitol protest. The Justice Department also noted Howell’s unusual ruling labeling Trump a potential flight risk during previous proceedings, further demonstrating what they characterize as judicial bias against the President.

Legal Battle Over Democratic-Connected Law Firm

At the center of this judicial dispute is Perkins Coie, a law firm with deep ties to Democratic Party politics and the controversial 2016 election interference efforts against then-candidate Trump. The firm’s lawsuit challenges the President’s executive order as retaliatory, while the administration maintains the sanctions are justified based on the firm’s past actions. The recusal motion specifically requests that the case be reassigned to ensure impartiality, asking to “return this matter to assignment before a judge free from any appearance of hostility toward this administration.”

“The Justice Department accused Judge Beryl Howell of ‘hostility’ to President Trump and asked that she take herself off a case in which she blocked the president’s attempt to punish a Democrat-connected law firm that helped sponsor the infamous ‘Steele dossier,'” the Justice Department said.

Legal experts note that disqualifying a judge is an unusual move typically reserved for clear conflicts of interest or misconduct. The DOJ’s decision to pursue this path signals a significant shift in how the administration plans to address what it perceives as judicial activism against the President’s policy agenda. Critics argue this could further politicize the judiciary, while supporters maintain it’s necessary to ensure Trump receives the same fair treatment in court that would be afforded to any other president.

Sources:

  1. DOJ moves to boot federal judge from Perkins Coie case – POLITICO
  2. Trump Administration Sees Bias in a Judge and Tries to Push Her Off a Case – The New York Times
  3. Justice Dept. asks for judge to be booted off case after ruling against Trump – Washington Times