Justice Department files complaint against judge weighing challenge to
Trump’s transgender troop ban
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 [February 22, 2025]
By ALANNA DURKIN RICHER
WASHINGTON (AP) — The Justice Department filed a complaint Friday
accusing a federal judge in Washington of misconduct during hearings
over President Donald Trump's executive order that calls for banning
transgender troops from serving in the U.S. military.
The complaint filed by Attorney General Pam Bondi's chief of staff, Chad
Mizelle, marks an escalation of the Republican administration's
criticism of the judiciary, which has been been weighing a slew of legal
challenges to the Republican president's actions.
The complaint to the chief judge of Washington’s federal court accuses
U.S. District Judge Ana Reyes of inappropriately questioning a
government lawyer about his religious beliefs and trying to “embarrass”
the attorney with a rhetorical exercise during an exchange about
discrimination. It is seeking an investigation, saying “appropriate
action" should be taken to ensure that future hearings are conducted
with the “dignity and impartiality the public has a right to expect.”
A representative from Reyes’ chambers declined to comment Friday.
During the rhetorical exercise, Reyes told the attorney that she changed
the rules in her courtroom to bar graduates of the University of
Virginia law school from appearing before her because they are all
“liars and lack integrity." She instructed the government attorney, a
graduate of the school, to sit down.
In another exchange cited in the complaint, the judge asked the attorney
what “Jesus would say to telling a group of people that they are so
worthless, so worthless that we're we're not going to allow them into
homeless shelters?" She continued, “Do you think Jesus would be, 'Sounds
right to me?”
The government lawyer responded, “The United States is not going to
speculate about what Jesus would have to say about anything.”
“An independent impartial judiciary is fundamental to our system of
justice,” Mizelle wrote. “When judges demonstrate apparent bias or treat
counsel disrespectfully, public confidence in the judicial system is
undermined.”
Reyes is known for her stern rebukes of lawyers on both sides. In a
different case earlier this month, she verbally rebuked former U.S.
Solicitor General Seth Waxman, who's representing eight government
watchdogs suing the Trump administration over their firing. She denied
an emergency motion and called it “beyond comprehension” to hold a
hearing on a matter rather than resolving it in a “five-minute phone
call.”
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The logo for the Justice Department is seen before a news conference
at the Department of Justice, Aug. 23, 2024, in Washington. (AP
Photo/Mark Schiefelbein, File)
The Trump administration has been ramping up its criticism of judges
over rulings blocking parts of his ambitious agenda rolled out in
the first weeks of his administration.
White House press secretary Karoline Leavitt earlier this month
accused judges of acting as “activists rather than honest arbiters
of the law." Supporters have circulated pictures of judges online,
made claims about their families and suggested that the Republican
president simply ignore their orders.
Reyes, who was nominated by Democratic President Joe Biden,
indicated that she won’t rule before early March on whether to
temporarily block the Trump administration from enforcing the order,
which plaintiffs’ attorneys have said illegally discriminates
against transgender troops.
Her questions and remarks, however, suggested she is deeply
skeptical of the administration’s reasoning for ordering a policy
change. Reyes also lauded the service of several active-duty troops
who sued to block the order.
“If you were in a foxhole, would you care about these individuals’
gender identity?” the judge asked the government attorney, who
answered that it “would not be a primary concern of mine.”
Trump’s Jan. 27 order claims the sexual identity of transgender
service members “conflicts with a soldier’s commitment to an
honorable, truthful, and disciplined lifestyle, even in one’s
personal life” and is harmful to military readiness. It requires
Defense Secretary Pete Hegseth to issue a revised policy.
Six transgender people who are active-duty service members and two
others seeking to join the military sued to block the Trump
administration from enforcing the order. In a court filing,
plaintiffs’ lawyers argued that Trump’s order openly expresses
“hostility” and constitutionally impermissible “animus” toward
transgender people.
Trump’s order also says that “use of pronouns that inaccurately
reflect an individual’s sex” is inconsistent with a government
policy to “establish high standards for troop readiness, lethality,
cohesion, honesty, humility, uniformity, and integrity.”
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