DOJ Pushes To Boot Judge Who Ruled Against Trump

Department of Justice building with sculpture outside.

The Justice Department formally requests Obama-appointed Judge Beryl Howell’s removal from a Trump case, citing her “hostility” and potential bias against the President, marking an unusual but significant move to ensure judicial impartiality.

Key Insights

  • The DOJ filed a motion for Judge Howell to recuse herself from a case involving Perkins Coie, the law firm that funded the controversial “Steele dossier”
  • Justice Department attorneys claim Howell has “repeatedly demonstrated partiality against and animus towards the president”
  • Howell recently blocked President Trump’s executive order that stripped Perkins Coie lawyers of security clearances
  • The motion points to Howell’s past rulings and comments, including labeling Trump a potential flight risk and suggesting he could lead to authoritarianism
  • This move mirrors a similar DOJ request to remove Judge Boasberg from a case involving deportation of alleged Venezuelan gang members

DOJ Takes Extraordinary Step Against Federal Judge

In an unusual legal maneuver, the Justice Department formally requested U.S. District Judge Beryl Howell recuse herself from a case involving Perkins Coie, a law firm with Democratic connections. Deputy Associate Attorney General Richard Lawson submitted a motion claiming Judge Howell has shown “hostility” toward President Trump, making her unable to rule impartially. The case centers on Trump’s executive order that denied Perkins Coie lawyers their security clearances and access to government buildings – an action the firm is challenging in court.

The recusal request references numerous incidents demonstrating alleged bias. According to the motion, Judge Howell has made comments suggesting Trump could lead to authoritarianism and criticized his pardons related to the January 6 Capitol events. The Justice Department also cited her past rulings against Trump, including one where she labeled him a potential flight risk. Judge Howell recently issued a temporary order blocking enforcement of the sanctions against Perkins Coie, with further arguments scheduled on the order’s constitutionality.

Historical Connection to Anti-Trump Activities

Perkins Coie’s history with Trump adds significant context to the current dispute. The firm was directly involved in hiring Fusion GPS, which employed Christopher Steele to compile the controversial dossier on Trump. During a recent hearing on the matter, Judge Howell remarked that Trump had “a bee in his bonnet” over the dossier’s allegations about connections between Trump and Russia. This comment was specifically cited in the DOJ’s recusal motion as evidence of potential bias.

“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.

According to the DOJ’s filing, “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.” The motion further requests the court “return this matter to assignment before a judge free from any appearance of hostility toward this administration and is otherwise unconnected with any matter related” to previous investigations of Trump.

Pattern of Judicial Challenges

This recusal request is part of a broader pattern of challenges to federal judges. The DOJ recently made a similar request to remove Chief Judge James Boasberg from a case involving the deportation of alleged Venezuelan gang members, citing “improper procedures.” Both Judge Howell and Judge Boasberg were nominated by President Obama and serve on the district court in Washington. According to court records, Judge Howell is currently presiding over at least five cases challenging President Trump, while Judge Boasberg has three pending cases.

“Howell has ‘repeatedly demonstrated partiality against and animus towards the president,'” a Justice Department attorney said.

Legal experts note that disqualifying a judge is typically reserved for clear conflicts of interest or misconduct. The DOJ’s motion states: “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.” The case remains pending, with Judge Howell yet to issue a response to the recusal request. This developing situation highlights ongoing tensions between the executive branch and judiciary as President Trump works to implement his agenda following the 2024 election.

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