DHS General Counsel Responds to Complaint from 128 Former Judges

<p>DHS General Counsel James Percival is responding to a complaint from 128 former judges, urging the Florida Bar to examine the actions of those among the complainants who are Bar members. The Florida Bar declined to investigate Percival, stating it does not prosecute sitting officers appointed under the U.S. Constitution while they are in office. Percival contended that the complainants should have been aware of this policy before submitting their complaint regarding 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 reasons, labeling their filing as frivolous and referring to the tactic as "Bar-fare." He drew comparisons between their actions and the 2020 controversy involving 51 former intelligence officials and Hunter Biden's laptop.</p><p>Percival pointed to the Florida Bar's past handling of a complaint against former Attorney General Pam Bondi, suggesting that it 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.'" He also remarked that similar tactics have been employed in other contexts, including the Hunter Biden laptop situation and responses to dissent regarding COVID-19 restrictions.</p><p>According to Percival, the political left often relies on authoritative figures to suppress dissent instead of engaging in public debate. The complaint against him was filed by rule-of-law groups, including Democracy Defenders Fund and Lawyers Defending American Democracy, which accused him of violating Florida's ethical rules regarding statements about judges. The complaint alleged that Percival's public comments mischaracterized judges' rulings and undermined their integrity.</p><p>Former Florida Supreme Court Chief Justice Peggy Quince led the group of judges who filed the complaint. The complaint specifically addressed four judges featured in Percival's "Worst of the Worst" posts, which included accusations of "open defiance of the Supreme Court" and "judicial sabotage." The cases mentioned involved Temporary Protected Status disputes and the government's handling of various legal matters.</p><p>Percival argued that the activist judges are doing a disservice to the judiciary and noted that judges are aware that their district court rulings can delay executive actions when immediate appeals are not possible.</p><p>He suggested that the Florida Bar should scrutinize the complainants for potentially abusing the complaint process for political ends. The Bar's response indicated that it does not investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office, as any action could infringe on federal authority.</p><p>Percival expressed that the backlash he has received indicates that his actions are having a significant 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 persist in their efforts despite potential opposition.</p>