DOJ files misconduct complaint against Minnesota federal judges over New York Times interviews
Attorney General Todd Blanche announced a judicial misconduct complaint against most of Minnesota's federal district judges over interviews about the immigration surge, and asked that they be recused from Homeland Security cases. The judges say they acted within ethics rules.
Updated (version 2). New coverage since the last version from Al Jazeera, CBS News, Hindustan Times, Newsweek, The Independent, Washington Examiner.
1 / 7
The story, neutrally told
On Wednesday 30 September the Justice Department filed a judicial misconduct complaint with the 8th Circuit against nearly all of Minnesota's active federal district judges. CBS NewsLC “filing a judicial misconduct complaint against all but one of the federal district judges in Minnesota” Read at CBS News ↗ Washington ExaminerR “filed a novel judicial misconduct complaint targeting nearly the state’s entire active federal district court bench” Read at Washington Examiner ↗ It concerns interviews the judges gave the New York Times for a 17 September article on Operation Metro Surge, the immigration enforcement drive in the Twin Cities. Judges Patrick Schiltz and John Tunheim are named, along with anonymous colleagues. NewsweekN “Five other justices were not named in the complaint” Read at Newsweek ↗ CBS NewsLC “names Schiltz and Judge John Tunheim, appointed by President Bill Clinton, as well as "anonymous district judges"” Read at CBS News ↗ Attorney General Todd Blanche, announcing it at a press conference, said the comments were political and concerned matters pending before the judges, each a separate violation. Washington ExaminerR ““The comments are not only political, which is a violation, but concern matters pending before the judges, a separate violation,”” Read at Washington Examiner ↗
The department wants the 8th Circuit to investigate and to have the judges step aside from cases involving the Department of Homeland Security, citing what Blanche called "obvious bias". Hindustan TimesN “because of what he described as “obvious bias they have shown" in their remarks to the newspaper” Read at Hindustan Times ↗ NewsweekN “to recuse themselves from any cases linked to the Department of Homeland Security (DHS)” Read at Newsweek ↗ The complaint, signed by Trent McCotter and Stanley Woodward, says the real threat to the rule of law is judges who launch a "partisan press campaign". CBS NewsLC “The complaint is signed by Acting Deputy Attorney General Trent McCotter and Associate Attorney General Stanley Woodward.” Read at CBS News ↗ Schiltz, a George W. Bush appointee, said in a statement that his comments broke no ethics rules, citing a February advisory opinion that allows judges to speak on the rule of law and judicial independence. A court spokesperson said legal experts found the judges acted "well within the ethical rules". Hindustan TimesN “Schiltz also said in a statement that his comments did not violate any ethical rules.” Read at Hindustan Times ↗ Al JazeeraLC “A spokesperson for Minnesota’s federal court system said legal experts had found that the judges were “well within the ethical rules”” Read at Al Jazeera ↗
In January Schiltz identified 96 court orders in 74 cases that ICE had violated. In the Times interview Schiltz attributed most noncompliance to incompetence rather than conscious defiance. CBS NewsLC “He identified 96 court orders in 74 cases that he said ICE had violated.” Read at CBS News ↗ Washington ExaminerR ““My impression was that most, if not all, of the noncompliance was due to incompetence,”” Read at Washington Examiner ↗ At the press conference reporters asked how Blanche's own "war" remarks about judges differed; Blanche replied that he is not a judge and is "allowed to fight" for prosecutors. Raw StoryL “"Well, there could not be a bigger difference. It turns out I'm not a judge!" Blanche replied.” Read at Raw Story ↗ Asked whether cases before the judges should pause, Blanche stopped short of a blanket request, saying recusal involves separate law. Washington ExaminerR “Blanche stopped short of announcing a blanket request to halt cases.” Read at Washington Examiner ↗
Every sentence links to the reporting it rests on.
Left4 outlets
- Framing
- Treats the filing as an unusual, sweeping move against a state's bench, and scrutinises Blanche's own political conduct.
- Emphasis
- Judges' rebuttal, Schiltz's findings on violated orders, Blanche's 'war' exchange.
- Leaves out or plays down
- Little of the DOJ's detailed reasoning beyond Blanche's quotes; the voter-fraud indictments announced the same day.
- Charged language
- “Flagrant violation”“fiery shouting match”
- For example
-
“Blanche moves to investigate nearly all federal judges in one state: 'Flagrant violation'” — Raw Story
“The judges say they did nothing wrong.” — Al Jazeera
Centre2 outlets
- Framing
- Reports the allegations and the judges' response in a plain news style.
- Emphasis
- DOJ quotes, recusal request, Operation Metro Surge background, court's statement (AP).
- Leaves out or plays down
- Newsweek omits the judges' reply; neither covers Blanche's 'war' exchange.
- Charged language
- “partisan press campaign”
- For example
-
“Five other justices were not named in the complaint” — Newsweek
“The complaint escalates the department's battle with the federal judiciary” — Hindustan Times
Right2 outlets
- Framing
- Presents the complaint from the DOJ's side as a rare, considered step, alongside the voter-fraud indictments.
- Emphasis
- Blanche's claims about judicial canons, bias and prosecutors' workload; Schiltz's attribution of noncompliance to incompetence.
- Leaves out or plays down
- The court's and Schiltz's statements that the judges acted within ethics rules.
- Charged language
- “novel judicial misconduct complaint”
- For example
-
“a point Blanche clarified was a “rare” and thoughtful consideration by the department” — Washington Examiner
“Schlitz's commentary, the DOJ alleged, included inappropriately partisan remarks.” — Just the News
What every side reports
- The DOJ filed a misconduct complaint on 30 September with the 8th Circuit over judges' comments to the New York Times.
- The department seeks recusal from Homeland Security cases.
- Schiltz, a Bush appointee, and Tunheim, a Clinton appointee, are at the centre of it.
- Schiltz says he acted within ethical rules.
Where accounts differ
-
Whether the judges breached ethics rules
- Left
- Outlets relay the judges' and court's view that they acted within ethical rules, and stress Blanche's own 'war' language.
- Centre
- AP copy and Newsweek give both DOJ allegations and the court's rebuttal.
- Right
- Washington Examiner presents Blanche's claim of violations and bias, with little on the judges' response.
-
The Department of Justice filed judicial misconduct complaints against several federal judges in Minnesota
Reported- Reports 6
- Al Jazeera, CBS News, Hindustan Times, Newsweek, Just the News, Washington Examiner
-
Federal judge Patrick Schiltz accused the government of ignoring roughly 100 court orders in January
Reported- Disputes 1
- Washington Examiner
- Reports 4
- Al Jazeera, CBS News, The Independent, Hindustan Times
-
The judges were well within the ethical rules when they spoke to the newspaper
Reported- Reports 3
- Al Jazeera, The Independent, Hindustan Times
- Earlier 2
- CBS News, Washington Examiner
-
The Justice Department asks that the Minnesota judges be recused from all civil and criminal cases involving the Department of Homeland Security
Reported- Reports 6
- CBS News, Raw Story, The Independent, Hindustan Times, Newsweek, Washington Examiner
Todd Blanche person
Says the department had 'no choice but to act' because judges violated canons and showed bias.
“"We have no choice but to act."” — CBS News
Patrick Schlitz person
Says speaking to the Times was within ethical rules, citing a February advisory opinion.
“"That is exactly what I did."” — The Independent
Left5 articles
-
Blanche moves to investigate nearly all federal judges in one state: 'Flagrant violation'
Critical Detailed account that stresses the scale of the complaint and sets it against Blanche's earlier rhetoric and the failed Boasberg complaint.
-
DOJ files judicial misconduct complaint against federal judges in Minnesota
Neutral Detailed report calling the filing unusual, with background on the surge and Schiltz's orders.
-
Todd Blanche gets in fiery shouting match with reporter: 'I'm allowed to fight!'
Critical Focuses on Blanche's combative exchange with reporters and his 'war' remarks.
-
DOJ looks to censure judges who spoke to the NYT about Minnesota ICE crackdown
Neutral Short report (headline says 'censure') giving the DOJ demand and Schiltz's response.
Show 1 moreShow fewer
-
Trump administration files complaint against judges over media comments
Sympathetic Places the complaint in a series of clashes and foregrounds the judges' denial.
Centre2 articles
-
Trump DOJ Says Judges Waged 'Partisan Press Campaign' Over ICE Operation
Neutral Breaking-news account of the DOJ allegations and recusal request, quoting the 'partisan press campaign' line.
-
Hindustan TimesN · · via AP
Justice Department files complaint against judges over immigration enforcement surge comments
Neutral AP copy stating the DOJ's demand and the judges' rebuttal, with context on the administration's 'activist judges' rhetoric.
Right2 articles
-
DOJ files misconduct complaints against Minnesota judges who spoke to NYT
Neutral Brief report that relays the DOJ's allegations and recusal request with little outside context.
-
Mixed Pairs the complaint with voter-fraud indictments, mostly through Blanche's and DOJ officials' statements.
- 30 Sep 17:18 First Raw StoryL Blanche moves to investigate nearly all federal judges in one state: 'Flagrant violation'
- 30 Sep 17:46 +28m Just the NewsRC DOJ files misconduct complaints against Minnesota judges who spoke to NYT
- 30 Sep 17:49 +31m NewsweekN Trump DOJ Says Judges Waged 'Partisan Press Campaign' Over ICE Operation
- 30 Sep 17:51 +33m CBS NewsLC DOJ files judicial misconduct complaint against federal judges in Minnesota
- 30 Sep 18:48 +1h 30m Raw StoryL Todd Blanche gets in fiery shouting match with reporter: 'I'm allowed to fight!'
- 30 Sep 19:19 +2h 2m Washington ExaminerR Minnesota federal judges face DOJ misconduct complaint after speaking to media during active lawsuits
- 30 Sep 20:30 +3h 12m Hindustan TimesN Justice Department files complaint against judges over immigration enforcement surge comments via AP
- 30 Sep 21:38 +4h 20m The IndependentLC DOJ looks to censure judges who spoke to the NYT about Minnesota ICE crackdown
- 30 Sep 22:28 +5h 10m Al JazeeraLC Trump administration files complaint against judges over media comments
Times are when each article was published, or when we first saw it if the outlet gave no time.