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Federal Judge Speaks Out Against DHS List Naming Judges 'Worst of the Worst' | Bloomberg Law

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Federal Judge Speaks Out Against DHS List Naming Judges 'Worst of the Worst' | Bloomberg Law

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0:02

This is [music] Bloomberg Law with June

0:05

Grasso from Bloomberg Radio.

0:08

>> And I'm ashamed of certain members of

0:11

the court, absolutely ashamed.

0:13

>> In an unprecedented turn for a US

0:16

president, Donald Trump has criticized

0:19

Supreme Court justices who ruled against

0:22

him, at times even ridiculing them.

0:25

>> They're just being fools and lapdogs for

0:28

the rhinos and the radical left

0:30

Democrats and not that they should have

0:33

anything at all to do with it. They're

0:35

very unpatriotic and disloyal to our

0:37

constitution.

0:39

>> And the acting attorney general, Todd

0:41

Blanche, has said the Justice Department

0:44

is at war with federal judges.

0:47

>> These activist judges that that they

0:50

have a robe on,

0:52

but they are more political

0:55

or certainly as political as the most

0:57

liberal governor or DA.

0:59

>> And now the Department of Homeland

1:00

Security has taken the administration's

1:03

attacks on federal judges to a new

1:06

level. It's top lawyer has posted a list

1:09

of the quote worst of the worst district

1:12

court judges. DHS general counsel, James

1:16

Percival, listed four judges who ruled

1:19

against the administration's immigration

1:21

agenda in a post on X. It mirrors the

1:25

way the department lists the names of

1:27

dangerous immigrants as the worst of the

1:30

worst. This as threats against federal

1:32

judges have more than tripled over the

1:35

past decade. Joining me is Judge Esther

1:37

Salas of the US District Court for the

1:40

District of New Jersey. Judge Salas,

1:42

what was your reaction when you saw this

1:45

post by DHS's top lawyer?

1:48

>> My reaction was um

1:52

a bit of shock because I I have imagined

1:56

that a representative like general

1:59

counsel of DHS would be

2:02

launching something like this that I

2:05

think is an attack personally on the

2:07

judges and not not on the merits but on

2:12

the judge and I think some of the

2:14

procedural

2:15

information even provided in those ex

2:17

post are inaccurate.

2:20

And so I worry for those judges and I

2:23

worry

2:25

what is to come from every judge that

2:27

finds him or herself on this weekly you

2:31

know, unveiling if you will of of the

2:34

new worst of the worst district judge. I

2:37

just don't understand what's the end

2:40

game. What is the end game

2:43

with this type of rhetoric coming out of

2:46

DHS? I don't understand it.

2:48

>> These judges, the four judges that were

2:51

listed were listed because they ruled

2:54

against the administration's immigration

2:57

agenda.

2:58

>> Yeah, you know, I think that it's pretty

3:00

clear that they're taking issue with the

3:02

judges rulings and instead of appealing

3:05

the judges

3:07

they're launching this these personal

3:10

attacks. I mean, the point of indicating

3:13

the president who nominated them. What's

3:15

the point of that? And then going on to

3:18

in some instances mischaracterize

3:21

what the judge did and why the judge did

3:23

it. And certainly not attaching links to

3:27

the judges opinions or the docket so

3:29

that his followers can maybe

3:32

judge for themselves. This is I think an

3:36

intentional agenda of attacking judges

3:40

and it's this negative PR campaign that

3:43

I think we've got sadly more instances

3:48

of DHS doing this. This isn't the first

3:50

time that we see these types of tactics

3:54

used to unfairly attack judges. We saw

3:58

DHS do this to Judge McElroy and

4:01

indicating on a government website that

4:04

that judge opposed a national security

4:07

threat. And the judge got threatened

4:09

after that reckless post on again a

4:14

government website. We see it with Judge

4:17

Debose in Rhode Island and that was a

4:20

judge that there was an intentional act

4:24

to keep key information from the judge

4:27

in that instance. The judge was not told

4:30

about a murder investigation that was

4:33

ongoing in another country. And when the

4:36

judge released the petitioner, they then

4:40

posted how this judge was a Biden

4:43

activist judge who let you know, a

4:45

potential murderer go. And that this is

4:48

played out in Rhode Island. This is fact

4:51

what they've done. And the sad fact is

4:54

this information about Judge Debose is

4:56

still up on the website even though they

4:59

now know that you know, they'd had to

5:02

apologize for what they did with Judge

5:04

Debose. And we see now the sad case and

5:08

you know, God rest his soul of a judge

5:10

in the Middle District of Florida, Judge

5:12

John Steel, who you know, I think made a

5:16

ruling based on the law. There was an

5:19

opportunity for DHS to appeal the

5:22

judge's ruling. They didn't and instead

5:26

they labeled him an activist judge, put

5:28

his name out there. My understanding, at

5:31

least based on the information I'm

5:33

looking is that threats began to come in

5:36

as a result of this. And you know, we

5:39

don't know much so I want to be careful,

5:41

but you know, the judge is no longer

5:43

with us.

5:44

These are intentional acts that I think

5:48

are reckless and I think put judges

5:51

lives in danger. And I just don't

5:54

understand again what is the end game

5:58

with this worst of the worst series.

6:02

What are we looking to do? Are we

6:05

looking to intimidate judges who don't

6:08

want to be on the worst of the worst

6:09

list because they're going to be now

6:11

targets for threats? So, are we working

6:15

on intimidating judges? Are we

6:18

threatening judges by putting this

6:21

information out there and looking for

6:24

people to then take matters into their

6:26

own hands? What is the end game when we

6:30

we do the this type of series in quotes?

6:35

>> Yeah, well, a DHS spokesperson said that

6:38

the social media thread is nothing more

6:40

than a factual review of judicial

6:42

decisions and their real-world

6:44

consequences. If accurately describing a

6:47

judge's rulings is controversial, the

6:49

issue isn't the reporting, it's the

6:51

rulings themselves. The record speaks

6:53

for itself. Facts aren't attacks. So,

6:56

they're not backing down.

6:58

>> Well, then I encourage your audience to

7:02

actually fact-check these ex post

7:05

because I can say procedurally

7:08

they've been fact-checked on my end. I'm

7:11

not going to talk about the merits.

7:13

They're open cases, so I can't do that

7:15

as a sitting judge. But I can tell you

7:17

procedurally

7:19

there are inaccuracies. And we can just

7:22

look to actual cases now like what

7:26

they're they're posting about Judge

7:28

Debose. And there is exactly evidence

7:32

now that, you know, she wasn't provided

7:34

the necessary information. In fact, it

7:36

was intentionally kept from her. That's

7:39

still up there. And that's not fact

7:42

anymore. And why it remains up is beyond

7:46

me.

7:47

But, you know, what they continue to do

7:50

is, I think, directly attacking judges

7:54

personally. These are not merit-based

7:57

arguments. These are, you know, these

8:00

are very personal attacks on these

8:02

judges. And, you know, the fact that you

8:04

can do it is one thing, but should our

8:07

leadership be doing this? That's the

8:10

other question I have.

8:13

>> Well, it seems to be coming from the

8:15

top. If you put it in the context of the

8:17

administration attacking the judiciary,

8:20

President Trump has repeatedly called

8:23

out activist judges, and he tore into

8:25

the Supreme Court justices who ruled

8:27

against his tariffs, calling them fools

8:30

and lapdogs. You have the acting

8:32

Attorney General talking about being at

8:34

war with the federal judiciary. Is it

8:38

sort of an attack on the rule of law?

8:42

>> You know, I've been very open and and

8:44

honest about my feelings with respect to

8:47

the president's comments

8:49

on down. And I speak to you today as

8:52

Daniel's mom. You know, this is an

8:55

incredibly hard month for Mark, my

8:57

husband, and I. And we are reminded of

9:00

what's at stake here when our political

9:03

leaders are recklessly and irresponsibly

9:07

using rhetoric to attack judges, what

9:10

can happen. In our case, we know that a

9:13

lawyer who was unhappy with the way I

9:15

was handling his case, what he did six

9:19

years ago in ringing my doorbell on a

9:21

Sunday afternoon at 5:00 in the

9:23

afternoon

9:25

and taking the life of my only child.

9:27

One shot to the chest. What he he almost

9:31

took my husband's life as well that day.

9:34

There are a lot of vulnerable people out

9:36

there, mentally vulnerable people that

9:39

see what our leadership is doing in

9:42

really demonizing judges and vilifying

9:45

us. And that is what they're doing with

9:48

using terms like monsters, hating

9:51

America, legal insurrectionists,

9:54

rogue, corrupt, judges with agendas,

9:57

activist judges. These words fuel people

10:02

that perhaps are otherwise unable to

10:05

really control themselves.

10:08

And I just think it's irresponsible and

10:11

inconsistent with the president's own

10:14

counsel after the White House

10:16

Correspondents Dinner and the issue that

10:18

happened there. I think the White House

10:20

spokesperson is along with the president

10:23

talked about toning down the rhetoric,

10:25

talking about toning down, you know, the

10:28

rhetoric and, you know, watching for our

10:30

vitriol. And yet we see the Department

10:34

DHS doing exactly the opposite of what

10:37

has been at least encouraged by the

10:40

president and his own spokesperson.

10:42

>> Please stay with me, Judge Salas.

10:44

Coming up next on the Bloomberg Law

10:46

Show, I'll continue this conversation

10:48

with Federal Judge Esther Salas.

10:51

President Trump doesn't appear to be

10:53

toning down the rhetoric against judges.

10:56

I'm June Grasso and you're listening to

10:58

Bloomberg.

11:01

The US Marshals Service has reported a

11:03

rise in threats against federal judges

11:06

to more than 560 last year, but the

11:09

administration doesn't appear to be

11:11

toning down its rhetoric against judges.

11:14

On Wednesday, President Trump went into

11:17

another tirade against the Supreme Court

11:19

on Truth Social, complaining without any

11:22

evidence that the decisions on tariffs

11:25

and birthright citizenship had cost the

11:27

nation trillions and trillions of

11:29

dollars. He also reposted a tweet

11:32

critical of Justice Amy Coney Barrett.

11:35

Acting Attorney General Todd Blanche has

11:37

said the Justice Department is at war

11:40

with judges. And the top lawyer at the

11:42

Department of Homeland Security, James

11:44

Percival, has put out a list targeting

11:47

federal judges by name in what he calls

11:50

the worst of the worst district judge

11:53

edition. I've been talking to Federal

11:55

Judge Esther Salas of the District Court

11:57

of New Jersey. She lost her only child

12:00

Daniel 6 years ago when a disgruntled

12:04

lawyer posing as a delivery driver

12:06

killed him when he opened the door to

12:08

their home. After that tragedy, Judge

12:10

Salas advocated successfully for

12:13

legislation to enhance security for

12:15

judges nationwide. You're on there when

12:18

Justices Elena Kagan and Amy Coney

12:22

Barrett testified before Congress asking

12:25

for additional funds for more security

12:29

because of increased threats the

12:30

Justices are getting. Justice Kagan

12:33

explained how politicians calling out

12:36

judges by name crosses a line and is

12:39

dangerous. And she said it's designed to

12:41

intimidate judges. Do you think that's

12:44

what this worst of the worst list is

12:46

designed to do?

12:48

>> I'm going to say that Chief Justice

12:50

Roberts warned all of us in in 2024

12:54

about the four illegitimate attacks.

12:56

And I think the Chief Justice did a

12:58

great job in reminding all of us in that

13:01

report about the dangers of these

13:03

tactics. We talk about violence. We talk

13:06

about intimidation.

13:08

We talk about the spreading of

13:10

disinformation, which I believe much of

13:12

what are on these X posts contain

13:15

misinformation and disinformation that

13:18

is being churned out to the public, the

13:21

American public. And I I also believe

13:24

that all of this plays into the eroding

13:28

of the public's confidence in the

13:29

justice system and I think this is

13:31

intentional. I think there is a negative

13:33

PR campaign that is being rolled out on

13:37

social media, being rolled out on

13:40

national news, being rolled out in these

13:43

statements that come from the top down

13:46

that the justice system is broken, that

13:49

the judges are rogue, that the judges

13:51

are activists, that the judges are

13:53

working against particular agendas and

13:56

all of this is aimed at eroding the

13:58

public's confidence in the justice

13:59

system and you know, as Daniel's mom, I

14:02

can't say that this is just, you know,

14:06

this is just a collection of perhaps

14:09

ill-advised acts. This is a campaign

14:12

that is been rolled out and in a way

14:16

that I have never seen and I don't think

14:19

I've ever seen it in the way that we're

14:20

seeing it now with threats of

14:22

impeachment, articles of impeachment

14:25

being rolled out against judges for

14:27

rulings they're making. Instead of

14:30

appealing the judges, we're threatening

14:32

judges with articles of impeachment.

14:35

We're posting these statements that

14:37

judges are threats to national security,

14:40

that judges are activists, that judges

14:42

are rogue, that judges are doing the

14:45

unthinkable, that judges are disobeying

14:48

SCOTUS and disobeying the seventh

14:50

circuit. These are all statements that I

14:53

think at best are taken out of context,

14:56

at worst are misrepresenting uh the

14:59

rulings that judges are making and and I

15:02

I am concerned that we're doing damage

15:05

and I don't know what the rippling

15:07

effects of the damage that's being done

15:09

on our democracy and on judges in

15:12

general and on on our rule of law. It's

15:14

just it's unheard of and and let me just

15:16

add one other thing. As Daniel's mom,

15:18

this is me, I'm mom talking. You know,

15:21

when you call us monsters, when you say

15:24

and accuse us of hating America, when

15:26

you say that we're legal

15:27

insurrectionists, when you say that

15:30

we're rogue, when you say that we're

15:32

corrupt, when you say that you have a

15:33

war on judges, you are villainizing us.

15:37

You are demonizing judges. And I think

15:41

And I hate to think this, but as

15:42

Daniel's mom, someone that's living

15:45

every day without her only child on this

15:48

earth, that if something were to happen

15:51

to one of us, you have in lots of ways

15:54

insinuated

15:56

that we had it coming.

15:58

And that's the irresponsible

16:00

behavior that is for me saddening

16:05

as someone that has to live every day

16:08

without her only child. Daniel's

16:10

birthday would have been July 13th. He

16:12

would have been 26 years old.

16:15

And instead, I talked to him at night

16:18

when I pray to him.

16:19

And I don't have my son today

16:22

because a person who felt like they had

16:25

to take matters into their own hands

16:27

did. And I think that our political

16:30

leaders who speak so recklessly, and

16:34

these posts that are, I think,

16:36

unprecedented, I think they ought to

16:39

think about what is the end game with

16:42

this tactic

16:45

that they seem to be rolling out very

16:47

aggressively.

16:48

>> Do you know if the four judges named in

16:50

this list have been getting threats

16:52

since it was posted?

16:54

>> I don't know whether there have been

16:56

increased threats now to these judges as

16:59

a result of these postings, but, you

17:02

know, we definitely have been able to

17:04

track the spike in threats to judges. I

17:08

mean, I gave you an instance with Judge

17:11

McElroy and what DHS posted that led to

17:15

threats for that particular judge. I can

17:18

tell you that I know for certain that

17:20

what they did with Judge Debose in Rhode

17:23

Island and what they posted and what

17:25

remains on their website as to

17:28

inaccurate information with respect to

17:30

her honor. That led to threats against

17:33

the judge. Yes, we are seeing there is a

17:36

corresponding spike when we see, you

17:40

know, these types of attacks against

17:42

judges for rulings they've made. We see

17:45

that. I don't know the extent and I

17:48

think that we all need to take a moment

17:51

to think about what happened with Judge

17:54

Steel, John Steel in the Middle District

17:56

of Florida, but we know that as a result

17:59

of a ruling he, instead of appealing his

18:02

honor, they went ahead and basically

18:06

issued, you know, a press release on an

18:09

activist judge. And based on the

18:12

reporting I'm hearing, his honor did

18:14

receive a spike in threats coming into

18:16

chambers. He's no longer with us and God

18:19

rest his soul. We lost him on, I

18:21

believe, July 15th. But this is

18:23

stressful and I think what we have to

18:26

remember is that judges are human, too.

18:30

And when you call our chambers and

18:32

threaten to kill us, and when charges

18:35

are brought, as one judge told me

18:37

recently, that this judge had to go to

18:40

court and testify against the person who

18:44

had threatened to kill this judge. And

18:46

you have to sit in a courtroom and talk

18:48

about the threats. When you have to come

18:50

into chambers and hear horrific messages

18:54

wishing you dead and wishing that you

18:57

see your children killed in front of

18:59

you, which, you know, I've had to hear

19:02

from a colleague of mine who played me

19:03

this tape that she received. And when

19:07

you have articles of impeachment being

19:09

brought against you, this is stressful

19:13

for anyone to have to deal with in

19:16

addition to having a challenging, you

19:18

know, docket and everything else. So, I

19:20

think that we have to be mindful of of

19:23

what we're doing. How, you know, the

19:26

fabric of this country is like

19:28

outstretched right now in terms of the

19:31

the attacks on the judiciary and on each

19:35

other. I mean, it is it is horrific. We

19:39

are so divided and we are just so full

19:42

of anger. What are the repercussions and

19:45

what are the consequences

19:47

to this continued rollout of attacks

19:51

against the judiciary? I don't know how

19:53

other people feel, but as Daniel's mom

19:56

on July 29th that I'm sitting for this

19:59

interview with you, I'm saying to

20:01

myself, you know, is this what we want

20:03

for our country? Is this what we want

20:06

for each other? Are these the standards

20:09

that we want to live by in this country?

20:12

And I bet you they're not. But, we have

20:15

to get back to holding ourselves to

20:17

particular standards and holding our

20:20

political leaders to those same

20:21

standards. And we've got to get to a

20:25

better place. And these postings, even

20:28

as I said earlier, can they do them or

20:31

should they be doing that? That's the

20:33

question.

20:35

>> Is the judiciary taking any action

20:37

against Percival for posting this list?

20:40

Perhaps filing a grievance with the Bar

20:42

Association for unethical conduct?

20:46

>> I'm not privy to anything. I'm speaking

20:48

to you today just as Daniel's mom, just

20:52

urging our leadership to act more

20:56

responsibly. I mean, take whatever

20:58

issues you want to take with respect to

21:00

the merits of of a case, take us up on

21:03

appeal, you know, criticize the merits.

21:06

If we look at these postings, they go

21:08

far less to merits and they're personal

21:11

attacks. And I just, as someone who's

21:13

sort of mourning her son, I I'm doing my

21:16

best to warn the American public and our

21:19

leadership that there are real

21:21

consequences at the back end of all of

21:24

this. And I, as Daniel's mom, just hope

21:28

that we can all learn to, you know,

21:30

disagree in an agreeable way. I I hope

21:33

we can get back to, you know, listening

21:36

to one another and not making someone an

21:40

enemy because they don't see the things

21:42

the way you see them.

21:44

We have a wonderful system of justice.

21:46

It's not broken. And I think that in

21:49

America we need to we need to come

21:51

together as opposed to try to tear each

21:54

other apart. And this is just an example

21:58

for me of us acting in a way that

22:03

hurts us all.

22:05

It's It's just hurts us all. So, I would

22:07

love for us to agree to disagree on

22:10

things and when necessary appeal us, but

22:13

you heard the justices' testimony about

22:16

what they've been through. Justice Coney

22:18

Barrett received a pizza in my murdered

22:21

son's name. I learned about that for the

22:23

first time in watching her testimony.

22:27

That hit me hard. We heard about

22:29

swatting. This is happening to to judges

22:33

and justices appointed by Rs and Ds.

22:36

This is a problem that we all can agree

22:39

is not discriminating. But, until we

22:42

agree that we are going to approach

22:44

things differently and have respect for

22:46

one another, I'm afraid we just give

22:49

license to this conduct and it's never

22:52

going to get any better unless we all

22:55

start to do better with the way we treat

22:59

each other. I want to just, you know,

23:01

say, Chief Justice Roberts was right.

23:04

Tension between the the branches is as

23:06

old as the Republic, but what we're

23:09

seeing now in these four illegitimate

23:12

attacks that he warned us about, this is

23:15

far from tension. This is, in some ways,

23:18

it is and it feels like war. And we've

23:21

got an acting attorney general that

23:23

declared war on the judges. And I just

23:26

don't think this is healthy for our

23:27

nation.

23:28

>> Thank you so much, Judge Salas. My

23:31

condolences over the loss of your son. I

23:33

know this is a difficult time for you.

23:36

>> I appreciate that and I hope you know

23:40

that Daniel's very much a guiding light

23:42

in in my life and and my husband's life.

23:44

And I hope that he can be a guiding

23:46

light for us to come back to a centered

23:48

place, a place of love and light as

23:51

opposed to just hate and darkness. And

23:54

and right now, we need a lot more love

23:56

and light in this world.

23:57

>> Thank you so much. I really appreciate

23:58

you're talking to me.

23:59

>> Thank you very much, too.

24:01

>> That's New Jersey federal judge Esther

24:03

Salas. And that's it for this edition of

24:05

the Bloomberg Law Show. Remember, you

24:07

can always get the latest legal news on

24:09

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Interactive Summary

The video discusses the unprecedented criticism and attacks on federal judges by the Trump administration and Department of Homeland Security (DHS), including the creation of a "worst of the worst" list targeting specific judges. Judge Esther Salas, whose son was tragically murdered by a disgruntled lawyer, expresses shock and worry, asserting that these are personal attacks rather than criticisms of legal merits, often containing inaccuracies. She highlights how such rhetoric fuels real-world threats and violence against judges, citing past incidents and the recent death of Judge John Steel after being labeled an "activist." Salas believes this is an intentional campaign to erode public confidence in the justice system and warns of the dangerous repercussions for democracy and the rule of law, urging political leaders to act responsibly and foster respectful discourse.

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