DHS general counsel criticism of federal judges

James Percival, the general counsel for the Department of Homeland Security (DHS), has faced scrutiny for his public criticisms of federal judges.

Reports indicate that Percival used official, taxpayer-funded social media accounts to label specific judges in Massachusetts and Maryland as ‘radical,’ ‘leftist,’ ‘criminal,’ or ‘illegal.’ Legal commentator Michael Popok called for Percival’s removal, arguing that his conduct, which included naming Judge Paula Xinis following a ruling regarding Kilmar Abrego Garcia, threatens judicial independence and personal safety.

Percival has characterized certain federal district judges as ‘the worst of the worst’ for issuing rulings that block administration efforts to secure the southern border and implement deportations. These judicial challenges include rulings in states such as Massachusetts and Illinois that prevent the termination of Temporary Protected Status (TPS) for immigrants from countries including Somalia and Honduras.

More than 130 former judges have filed a formal complaint with the Florida Bar against Percival, alleging he violated professional conduct rules. The complaint focuses on his ‘Worst of the Worst’ list, asserting that his accusations of ‘judicial sabotage,’ ‘naked politics,’ and the issuance of ‘crazy opinions’ lack a factual basis and mischaracterize judicial orders. The filing specifically highlights attacks on four federal judges and two others whom Percival accused of disregarding a Supreme Court ruling regarding Temporary Protected Status. Under Florida Bar rules, licensed attorneys are prohibited from making statements regarding the integrity of a judge that they know to be false or made with reckless disregard for the truth.