ACLU-MN Responds to DOJ's Misconduct Complaint Against Federal District Court Judges

MINNEAPOLIS – This morning, the Department of Justice announced a judicial misconduct complaint against seven federal district court judges in Minnesota.

The complaint alleges that the judges violated judicial ethics rules when they participated in a Sept. 17 New York Times article discussing Operation Metro Surge. The judges, who are allowed to publicly comment on judicial independence, discussed the strain put on the courts during OMS and the judges’ commitment to the rule of law.

The DOJ asked the 8th Circuit Court of Appeals to investigate the seven judges for their participation in the interview. It has also demanded that the judges recuse themselves from all cases that are related to DHS—civil and criminal—for the foreseeable future.

"The seven federal judges targeted by the DOJ were appointed by presidents from both parties over two decades," said ACLU-MN Senior Staff Attorney David McKinney. "The article in which they are featured provided readers with non-partisan, non-political insight about the relationship between democracy, the rule of law, and an independent judiciary, all of which were placed under extreme strain during and following Operation Metro Surge."

In addition to the unprecedented complaint against seven federal district court judges, the DOJ also announced indictments today against ten individuals it claims voted illegally during the previous three elections.

“Let’s be clear,” said McKinney. “The Justice Department’s actions today undermine the independence of the federal judiciary and dissuade Minnesotans who are here legally and eligible to vote from participating in the democratic life of our country.”

The ACLU-MN is monitoring this escalation between the DOJ and the Minnesota judiciary. We are committed to upholding the rule of law, protecting the rights of all eligible voters to access the ballot, and insisting on a fair and independent judiciary.