DHS General Counsel Responds to Complaint from 128 Former Judges

<p>DHS General Counsel James Percival has responded to a complaint filed by 128 former judges, urging the Florida Bar to investigate those among them who are Bar members after the Bar declined to investigate him. The Florida Bar stated it does not investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office, a position Percival argued the complainants should have been aware of before challenging his "Worst of the Worst Judges" series.</p><p>Percival accused the Florida Bar members who signed the complaint of potentially misusing the disciplinary process for political purposes, labeling their filing as frivolous and referring to the tactic as "Bar-fare." He stated, "The 128 former judges are sort of an example of a tactic the left has used for a long time," comparing their appeal to professional authority to the 2020 controversy involving 51 former intelligence officials and Hunter Biden’s laptop.</p><p>Percival referenced the Florida Bar's previous handling of a complaint involving former Attorney General Pam Bondi, suggesting that they had already indicated a refusal to investigate sitting presidential appointees.</p><p>He stated, "[W]hat these 128 former judges did was frivolous and they were on notice that it was frivolous because the Florida Bar is very clear about this. So, it's 'Bar-fare,'" playing on the term "lawfare." He also noted that similar tactics have been employed in other contexts, including the Hunter Biden laptop controversy and dissent over COVID-era restrictions.</p><p>Percival commented that when the political left does not want to engage in public debate, they often enlist figures who appear authoritative to suppress dissent. The remarks followed a 24-page complaint filed by rule-of-law groups Democracy Defenders Fund, Lawyers Defending American Democracy, and the 128 former judges, accusing Percival of violating Florida's rules governing statements about judges. The complaint alleged that Percival, a licensed Florida attorney, violated ethics rules through public criticisms of sitting judges.</p><p>Democracy Defenders Fund stated that Percival's comments mischaracterized the judges’ rulings and undermined their character and integrity, emphasizing that ethics rules are in place to maintain confidence in the courts and mitigate risks to judges. Former Florida Supreme Court Chief Justice Peggy Quince, an appointee of Democratic ex-Gov. Lawton Chiles, led the group of judges.</p><p>The complaint specifically addresses four judges featured in Percival's "Worst of the Worst" posts, whom he accused of actions such as "open defiance of the Supreme Court," "judicial sabotage," and "judicial micromanagement." The cases involved disputes over Temporary Protected Status, the government's handling of Kilmar Ábrego García, and DHS use-of-force policies.</p><p>Additionally, the complaint referenced an article written by Percival criticizing former President Joe Biden and a Rhode Island judge he appointed after an illegal immigrant, whom DHS claimed had an international warrant for homicide, was ordered released. Percival stated that the activist judges are the ones doing a disservice to the judiciary, arguing that judges understand their district court rulings can delay executive action when not immediately appealable.</p><p>Percival suggested that those who are members of the Florida Bar should be scrutinized for potentially abusing the complaint process for political ends. The Bar provided a response to Fox News Digital, stating that it does not investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office, as any action could encroach on federal authority.</p><p>Percival remarked that the backlash he faces indicates that his actions are having an impact, stating, "[I]f people are this upset about what I'm doing, it must be having an effect that they don't like, which really just encourages me to keep going." He encouraged conservatives to continue advocating for their causes despite potential opposition.</p>