Judge Walton, who was appointed by President George W. Bush, went on CNN after President Trump criticized New York Supreme Court Justice Juan Merchan and his daughter in the wake of Justice Merchan issuing a gag order against him.
President Trump said in part that Justice Merchan was “suffering from an acute case of Trump Derangement Syndrome.”
Judge Walton said the comments were disconcerting. “And it’s particularly problematic when those comments are in the form of a threat, especially if they’re directed at one’s family,” he said. “I mean, we do these jobs, because we’re committed to the rule of law and we believe in the rule of law, and 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.”
“It’s very important that people in positions of authority be very circumspect in reference to the things that they say, so that they’re not causing others to act on what they say and maybe cause injury or deaths somewhat as a result of that,” he added.
The judge’s comments were hyperbolic, according to the new complaint.
“A criminal defendant expressed the view that he would not get a fair trial because of the business activities of the presiding judge’s adult daughter, who is a Democrat political consultant. Whether one agrees with this view, one cannot construe it as a threat or a suggestion that anyone else threatens or perpetuates violence against the judge or his family,” it states.
“Again, President Trump never doxxed the home addresses of Judge Merchan or his adult daughter. The statement is not a threat to the independent judiciary nor to democracy more broadly. Judge Walton had no basis to comment on a defendant’s assertion of a violation of the constitutional right to a fair trial in a pending criminal case.”
It’s unusual for a federal judge to make comments outside of courtrooms or court filings. CNN described the judge’s remarks as an “extraordinary rebuke” of President Trump.
The former president is set to go on trial in multiple cases, including in Washington, where Judge Walton is based.
“Judge Walton must have known his interview was highly prejudicial to President Trump, who now must face jury pools–in New York City (starting in less than two weeks), Washington, D.C. (where Judge Walton presides, including over many related January 6th criminal cases), Atlanta, and Florida—who have now heard a sitting D.C. federal judge essentially accuse a criminal defendant of making ‘violent threats’ against another judge and his family for simply raising potential judicial bias by that judge presiding over his case,” the complaint states.
It notes that the code of conduct for federal judges says that a judge “should not make public comment on the merits of a matter pending or impending in any court.”
Judge Walton “clearly violated this canon,” according to the complaint. It said the judge should have followed his own advice regarding people in positions of authority.
The complaint was filed by The Article III Project. The group was founded by Mike Davis, a lawyer who previously served as counsel for Sen. Chuck Grassley (R-Iowa), in the U.S. Department of Justice, and as a clerk for Supreme Court Justice Neil Gorsuch.
The complaint was addressed to Judge Sri Srinivasan, the chief judge for the Court of Appeals for the District of Columbia Circuit and the head of the Judicial Council of the District of Columbia Circuit. Judge Srinivasan was appointed by President Barack Obama.
Each circuit has a council. Per federal law, each council “shall make all necessary and appropriate orders for the effective and expeditious administration of justice within its circuit.” The councils are empowered to issue orders that must be followed by judicial officers and employees in the circuit.
A representative for the judge declined to comment over the phone, asking for an email inquiry to be sent. She didn’t respond to the email by press time.
Judge Walton’s chambers didn’t respond to a request for comment by press time.
The CNN comments sparked some calls for impeachment, although no formal action appears to have been taken.
Judge Srinivasan should immediately take action against Judge Walton, the complaint states.
“This will send a clear message to other federal judges, especially D.C. judges, that they cannot take off their judicial robes and climb into the political ring,” it says. “And federal judges certainly cannot throw political punches against any criminal defendant—especially one who happens to be the leading presidential candidate during the heat of the highly contentious presidential election season.”
If the council doesn’t act, then Congress should, according to the complaint.
