DOJ Wants Judge Removed Following Trump Ruling

Man clapping in front of large American flag
US President Donald Trump walks through onto the stage in front of a crowd. 5 Of November 2020. Washington , DC, USA

The Justice Department moves to oust Judge Beryl Howell from a Trump-related case, citing her history of “hostility” toward the President and raising serious questions about judicial impartiality in politically charged proceedings.

Quick Takes

  • DOJ has requested Judge Beryl Howell’s recusal from a case involving Perkins Coie law firm, claiming she has “repeatedly demonstrated partiality against and animus towards the president”
  • The case centers on President Trump’s executive order targeting Perkins Coie, the firm that funded the controversial “Steele dossier”
  • Judge Howell temporarily blocked sanctions against Perkins Coie that would have stripped their lawyers of security clearances and denied access to government buildings
  • This unusual request to disqualify a judge mirrors similar DOJ efforts to remove Chief Judge James Boasberg from a deportation case
  • Both judges were Obama appointees who have previously ruled against Trump in various cases

Accusations of Judicial Bias

In an extraordinary move, the Justice Department has formally requested that U.S. District Judge Beryl Howell recuse herself from a case involving President Trump and the law firm Perkins Coie. Department attorneys filed a motion citing Judge Howell’s “hostility” toward Trump and past actions suggesting she cannot be impartial in matters involving the President. This request comes after Howell blocked Trump’s executive order sanctioning Perkins Coie, the Democratic-connected law firm that helped finance the controversial “Steele dossier” during previous election cycles.

Deputy Associate Attorney General Richard Lawson specifically pointed to Judge Howell’s history of what the department characterized as “disdain” for Trump. The motion highlighted multiple instances where Howell allegedly demonstrated bias, including comments suggesting Trump could lead to authoritarianism and criticism of his pardons related to the January 6 Capitol events. The motion also referenced her description that Trump had “a bee in his bonnet” over the dossier’s allegations regarding Trump and Russia during a recent hearing.

The Executive Order and Perkins Coie Challenge

At the center of this judicial dispute is President Trump’s executive order targeting Perkins Coie, which stripped the firm’s lawyers of security clearances and denied them access to government buildings. The order described the firm as having engaged in “dishonest and dangerous activity.” The law firm subsequently filed a lawsuit challenging these sanctions, which Judge Howell temporarily blocked, scheduling further arguments on the constitutionality of the executive order.

“Defendants deserve a court proceeding free from concerns about impartiality. In order to remove the possibility of any impartiality to these proceedings, defendants respectfully request that this court recuse itself,” Richard Lawson said.

Perkins Coie’s connections to past investigations of Trump remain a significant factor in the case. The firm was instrumental in hiring Fusion GPS, which subsequently employed Christopher Steele to compile the dossier containing unverified allegations about Trump. The Justice Department argues that given these connections and Howell’s past rulings, “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.”

Pattern of Judicial Challenges

The motion to disqualify Judge Howell is not an isolated incident. In a parallel development, the Justice Department has also sought to remove Chief Judge James Boasberg from a case involving the deportation of alleged Venezuelan gang members, citing “improper procedures.” Both Howell and Boasberg were appointed by President Obama and serve on the district court in Washington. According to sources, Howell is currently presiding over at least five cases challenging Trump, while Boasberg has three pending cases.

“Howell has repeatedly demonstrated partiality against and animus towards the president,” lawyers for 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 Justice Department’s filings requested that the Perkins Coie case be reassigned to “a judge free from any appearance of hostility toward this administration and is otherwise unconnected with any matter related” to the proceedings. As of this report, neither Judge Howell nor Perkins Coie has publicly responded to the recusal request, and a ruling on the motion is expected in the coming days.

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