A court official has dismissed a Justice Department complaint that accused a federal judge of “hostile and egregious” misconduct during hearings for a lawsuit challenging President Donald Trump’s ban on transgender troops serving in the military.
The complaint accused U.S. District Judge Ana Reyes in Washington, D.C., of inappropriately questioning a government lawyer about his religious beliefs and of trying to embarrass the attorney with a rhetorical exercise during a February hearing.
In a Sept 29 order that wasn’t made public until Monday, Chief Judge Sri Srinivasan of the U.S. Court of Appeals for the District of Columbia Circuit dismissed the complaint. Srinivasan said a motion for Reyes’ recusal would have been the proper means for the Justice Department to contest her impartiality and seek her removal from the case.
The department didn’t explicitly ask for Reyes’ removal from the transgender troops’ litigation. And it didn’t file a petition for a review of the chief judge’s order, which didn’t reach any conclusions about the merits of the complaint’s allegations.
“If a party that believes a judge’s conduct in a case raises serious questions about her impartiality were to press its concerns in the ordinary way — by seeking her recusal in the case itself — the standards for resolving the matter are well established,” Srinivasan wrote.
The Justice Department had no immediate comment on Tuesday. Reyes declined to comment on the chief judge’s order or the department’s complaint.
The complaint was filed by Attorney General Pam Bondi’s then-chief of staff, Chad Mizelle, who has since left the department. Mizelle claimed Reyes’ behavior “compromised the dignity of the proceedings and demonstrated potential bias.”
“When judges demonstrate apparent bias or treat counsel disrespectfully, public confidence in the judicial system is undermined,” he wrote.
Mizelle’s complaint cited an exchange in which Reyes asked a government attorney: “What do you think 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’?” The attorney responded by saying, “The United States is not going to speculate about what Jesus would have to say about anything.”
The complaint also refers to a rhetorical exercise about discrimination. Reyes spoke of changing the rules in her courtroom to bar graduates of the University of Virginia law school from appearing before her because they are all “liars and lack integrity.” She instructed the government attorney, a graduate of the school, to sit down before calling him back up to the podium.
Reyes was nominated to the bench by President Joe Biden, a Democrat. Trump and Republican allies have mounted an escalating series of attacks against the federal judiciary since the start of his second term.
Trump’s Jan. 27 executive order claims without presenting evidence that the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and is harmful to military readiness. It required Defense Secretary Pete Hegseth to issue a revised policy.
Six transgender people who were active-duty service members and two other plaintiffs seeking to join the military sued to challenge Trump’s order. Reyes blocked the order’s enforcement in March, ruling that it likely violates the plaintiffs’ constitutional rights. A federal judge in Washington state also blocked enforcement of the order.
Reyes agreed to suspend her order pending the government’s appeal, which hasn’t been resolved yet. But the U.S. Supreme Court has allowed the Trump administration to ban transgender people from the military in the meantime. |
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