Justice Department Files Judicial Misconduct Complaint Against Minnesota Federal Judges

WASHINGTON — The U.S. Justice Department filed a judicial misconduct complaint on Wednesday against nearly all federal district judges in Minnesota, citing remarks they made to the New York Times regarding the administration’s immigration enforcement campaign earlier this year.

Attorney General Todd Blanche announced the filing at a press conference before the U.S. Court of Appeals for the 8th Circuit. He defended the action by stating, “We have a right, just like every litigant in court, to have a judge that will be fair and impartial. We have no choice but to act.” 

The complaint specifically targets Judge Patrick Schiltz and Judge John Tunheim, describing their conduct as “particularly egregious” and accusing them of flagrantly violating the Code of Judicial Conduct through improper public comments. The document also names “anonymous district judges” serving on the U.S. District Court for the District of Minnesota.

The legal action stems from a September article titled “Trump’s Minnesota Surge Threatened Democracy, Judge Warns.” In the piece, Schiltz, who was appointed by President George W. Bush and formerly clerked for Justice Antonin Scalia, gave a 90-minute interview criticizing what he described as repeated violations of court orders by the Trump administration. Six of the seven members of Minnesota’s federal bench spoke with reporters about Operation Metro Surge, the federal crackdown on immigration in the state.

During the interview, Tunheim, appointed by President Bill Clinton, challenged the administration’s assertion that it was targeting dangerous criminals. “They weren’t arresting, in my view, people who were dangerous criminals on the street,” Tunheim said.

Acting Deputy Attorney General Trent McCotter and Associate Attorney General Stanley Woodward signed the complaint. They argued that Schiltz’s remarks were “overly political” and concerned pending matters, while characterizing Tunheim’s statements as “less verbose” but equally unethical.

“If anything is a ‘grave threat to the rule of law,’ it is judges who repeatedly and brazenly exceed their authority then launch a partisan press campaign,” McCotter and Woodward wrote. They requested that the 8th Circuit order Schiltz and Tunheim to recuse themselves from cases involving the Department of Homeland Security and investigate the broader conduct of Minnesota judges.

The Justice Department’s move follows heightened tensions between the Trump administration and the federal judiciary. Earlier in January, Schiltz issued orders accusing ICE of failing to respond to dozens of court mandates and stating that “the court’s patience is at an end” regarding the surge of habeas petitions from migrants.

This is not the first time the current administration has pursued judicial misconduct complaints. Last year, a former DOJ official filed a complaint against Chief Judge James Boasberg, which was dismissed in December due to insufficient evidence. Additionally, the DOJ filed a complaint against Judge Ana Reyes, accusing her of misconduct during proceedings related to Trump’s ban on transgender military service.

The complaint comes amid a contentious period for immigration enforcement in Minnesota. Launched in December 2025, Operation Metro Surge deployed over 3,000 immigration authorities to the state. The intensified operations led to violent clashes, resulting in the deaths of two protesters, Renee Good and Alex Pretti, in January.

The Judicial Conference, the policy-making body for federal courts, issued an advisory opinion in February clarifying that ethics principles allow judges to speak about judicial independence and advocate for the rule of law, while also permitting the defense of colleagues against illegitimate criticism.

Blanche also used the Wednesday press conference to announce that Minnesota prosecutors had secured indictments against 10 noncitizens accused of unlawfully casting votes in prior elections.