The U.S. Justice Department has filed a judicial misconduct complaint against federal judges in Minnesota, including Patrick J. Schiltz and John R. Tunheim, after they spoke to The New York Times about the Trump administration's immigration crackdown, Operation Metro Surge. Attorney General Todd Blanche accuses the judges of showing obvious bias and has demanded their recusal from Department of Homeland Security cases. The judges defend their actions, citing ethics guidelines that permit public advocacy for the rule of law.
Filing of the misconduct complaint
- ▪The Justice Department's complaint was filed with the Judicial Council of the U.S. Court of Appeals for the Eighth Circuit.
- ▪The misconduct complaint specifically names Senior U.S. District Judges Patrick J. Schiltz and John R. Tunheim, alongside other anonymous judges.
- ▪The United States Justice Department filed a judicial misconduct complaint on September 30, 2026, against federal judges in Minnesota who spoke publicly to The New York Times.
- ▪The misconduct complaint was signed by Acting Deputy Attorney General Trent McCotter and Associate Attorney General Stanley Woodward.
Allegations and demands in the complaint
- ▪The Justice Department requested that the Eighth Circuit order Judges Patrick J. Schiltz and John R. Tunheim to recuse themselves from all matters involving the Department of Homeland Security.
- ▪The Justice Department's misconduct complaint alleges Judges Patrick J. Schiltz and John R. Tunheim of Minnesota flagrantly violated the Code of Judicial Conduct by commenting publicly on pending cases and making political statements
- ▪Attorney General Todd Blanche accused the Minnesota federal judges of showing obvious bias against the Trump administration and undermining public confidence in an impartial judiciary.
Judges' interviews with The New York Times
- ▪The New York Times article published Sept. 17, 2026, detailed challenges judges faced during Operation Metro Surge, including dockets swamped with detainee petitions, protester cases, and civil challenges
- ▪U.S. District Judge Patrick J. Schiltz participated in a 90-minute interview with The New York Times discussing violations of court orders by the Trump administration.
- ▪Six of the seven active federal judges in Minnesota spoke to The New York Times for a September 17, 2026, article detailing pressure from an immigration crackdown.
Defense of the judges' public comments
- ▪U.S. District Judge Nancy E. Brasel defended Minnesota's federal judges' right to speak publicly, stating they are allowed to speak out about judicial independence
- ▪Judge Patrick J. Schiltz and court spokesperson Rebeccah Parks defended the interviews, citing a February 2026 Judicial Conference advisory opinion permitting judges to advocate for the rule of law.
Challenges during Operation Metro Surge
- ▪U.S. District Judge Patrick J. Schiltz alleged that the federal government failed to comply with 96 court orders in 74 immigration cases in January 2026.
- ▪Operation Metro Surge, launched in December 2025, deployed over 3,000 federal immigration authorities to Minnesota and ended in February 2026.
Debatable claims
- ▪The Minnesota judges should recuse themselves from Department of Homeland Security cases
- ▪The Trump administration's noncompliance with court orders in Minnesota threatened the rule of law
- ▪The Minnesota judges violated judicial ethics by speaking to the media
- ▪The Justice Department's misconduct complaint against Minnesota judges undermines judicial independence
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