Judge Who Called Out Trump Hit With Ethics Complaint

Donald Trump ally Mike Davis filed an ethics complaint Tuesday against a federal judge over comments he made on CNN about the former president's behavior toward jurists.

Davis, president of the conservative Article III Project, said U.S. District Judge for the District of Columbia Reggie Walton violated a canon in the Code of Conduct for U.S. judges:

"A judge should not make public comment on the merits of a matter pending or impending in any court," the complaint said in part.

The 13-page complaint was filed to Chief Judge Sri Srinivasan of the D.C. Circuit Court of Appeals.

In an email reply to Newsweek, Lisa J. Klem, special assistant to the Chief Judge for the U.S. District Court for the District of Columbia, declined to comment about the ethics complaint.

Newsweek reached out to Davis via his LinkedIn profile via email on Tuesday afternoon for additional comments.

Context

Speaking to CNN's Kaitlan Collins on Friday, Walton said that any attack on a judge is "particularly problematic" when they can be considered a threat, especially if they're directed at their family.

"We do these jobs because we're committed to the rule of law and we believe in the rule of law. The rule of law can only function effectively when we have judges who are prepared to carry out their duties without the threat of potential physical harm," Walton said.

Walton, who has presided over cases related to the January 6, 2021, siege on the U.S. Capitol, said he and his daughter have also received threats, including one person who called him and said they know where the judge lives.

"You can't let that impact on how you live your life, and how you treat litigants who are before you," Walton said. "Even though threats may be made against you and your family, you still have an obligation to ensure that everybody who comes into your courtroom is treated fairly, regardless of who they are or what they've done.

"But nonetheless, it is very troubling, because it is an attack on the rule of law when judges are threatened, and particularly, when their family is threatened. And it's something that's wrong and should not happen."

What We Know

New York State Supreme Court Justice Juan Merchan recently expanded a gag order against Trump to include prohibitions on the former president making statements about the families of the justice and Manhattan District Attorney Alvin Bragg, who on Friday requested the move in a letter sent to Merchan. Trump earlier last week made two social media posts denouncing Merchan's daughter as a "super liberal" operative for Democrats.

Merchan did not include himself, Bragg or their family members while issuing a limited gag order against the former president on Tuesday. Trump lawyer Todd Blanche on Friday opposed Bragg's request to "clarify" the gag order, arguing that it would not be "appropriate" to expand it because the district attorney's letter had only cited two cases of Trump attacking the justice's daughter.

In Merchan's ruling on Monday, Trump was also warned that he would "forfeit any statutory right he may have to access juror names if he engages in any conduct that threatens the safety and integrity of the jury or the jury selection process," a stipulation that had been requested in a filing from Bragg's office on the same day.

Views

In his complaint, Davis noted a stipulation in the Code of Conduct that states judges have an obligation not to "denigrate public confidence in the judiciary's integrity."

Davis also argues that Trump isn't threatening Merchan. He states that the former president merely "articulated the reason why he believes he will not receive a fair trial" under the judge.

"A reasonable person cannot read President Trump's posts and draw the conclusion that he made any such threat," Davis wrote. "President Trump, for example, did not dox the home addresses of the judge and his adult daughter. Nor did President Trump encourage illegal protests outside of their homes."

Shira Scheindlin, who presided in the Southern District of New York, told CNN's Collins on Monday night that Merchan will likely fine Trump if he violates the expanded gag order, just as New York State Supreme Court Justice Arthur Engoron did in Trump's New York fraud case.

"The first thing you can do is to give a warning. I think that's been covered," Scheindlin said. "The second step would be a fine, followed by jail," the former judge added.

What's Next?

New York prosecutors have charged Trump with 34 felonies, accusing him of falsifying business records and concealing hush-money payments made to adult-film actress Stephanie Clifford, also known as Stormy Daniels, during his 2016 presidential campaign.

Trump has pleaded not guilty to all of his criminal charges and insists that his legal difficulties, which include a number of recent civil judgments, are part of a coordinated effort by Democrats to block him from returning to the White House.

The criminal trial is scheduled to begin April 15.

Update, 04/02/24, 6:39 p.m.: This article was updated with additional information.