Federal Judge Speaks Out Against DHS List Naming Judges 'Worst of the Worst' | Bloomberg Law
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This is [music] Bloomberg Law with June
Grasso from Bloomberg Radio.
>> And I'm ashamed of certain members of
the court, absolutely ashamed.
>> In an unprecedented turn for a US
president, Donald Trump has criticized
Supreme Court justices who ruled against
him, at times even ridiculing them.
>> They're just being fools and lapdogs for
the rhinos and the radical left
Democrats and not that they should have
anything at all to do with it. They're
very unpatriotic and disloyal to our
constitution.
>> And the acting attorney general, Todd
Blanche, has said the Justice Department
is at war with federal judges.
>> These activist judges that that they
have a robe on,
but they are more political
or certainly as political as the most
liberal governor or DA.
>> And now the Department of Homeland
Security has taken the administration's
attacks on federal judges to a new
level. It's top lawyer has posted a list
of the quote worst of the worst district
court judges. DHS general counsel, James
Percival, listed four judges who ruled
against the administration's immigration
agenda in a post on X. It mirrors the
way the department lists the names of
dangerous immigrants as the worst of the
worst. This as threats against federal
judges have more than tripled over the
past decade. Joining me is Judge Esther
Salas of the US District Court for the
District of New Jersey. Judge Salas,
what was your reaction when you saw this
post by DHS's top lawyer?
>> My reaction was um
a bit of shock because I I have imagined
that a representative like general
counsel of DHS would be
launching something like this that I
think is an attack personally on the
judges and not not on the merits but on
the judge and I think some of the
procedural
information even provided in those ex
post are inaccurate.
And so I worry for those judges and I
worry
what is to come from every judge that
finds him or herself on this weekly you
know, unveiling if you will of of the
new worst of the worst district judge. I
just don't understand what's the end
game. What is the end game
with this type of rhetoric coming out of
DHS? I don't understand it.
>> These judges, the four judges that were
listed were listed because they ruled
against the administration's immigration
agenda.
>> Yeah, you know, I think that it's pretty
clear that they're taking issue with the
judges rulings and instead of appealing
the judges
they're launching this these personal
attacks. I mean, the point of indicating
the president who nominated them. What's
the point of that? And then going on to
in some instances mischaracterize
what the judge did and why the judge did
it. And certainly not attaching links to
the judges opinions or the docket so
that his followers can maybe
judge for themselves. This is I think an
intentional agenda of attacking judges
and it's this negative PR campaign that
I think we've got sadly more instances
of DHS doing this. This isn't the first
time that we see these types of tactics
used to unfairly attack judges. We saw
DHS do this to Judge McElroy and
indicating on a government website that
that judge opposed a national security
threat. And the judge got threatened
after that reckless post on again a
government website. We see it with Judge
Debose in Rhode Island and that was a
judge that there was an intentional act
to keep key information from the judge
in that instance. The judge was not told
about a murder investigation that was
ongoing in another country. And when the
judge released the petitioner, they then
posted how this judge was a Biden
activist judge who let you know, a
potential murderer go. And that this is
played out in Rhode Island. This is fact
what they've done. And the sad fact is
this information about Judge Debose is
still up on the website even though they
now know that you know, they'd had to
apologize for what they did with Judge
Debose. And we see now the sad case and
you know, God rest his soul of a judge
in the Middle District of Florida, Judge
John Steel, who you know, I think made a
ruling based on the law. There was an
opportunity for DHS to appeal the
judge's ruling. They didn't and instead
they labeled him an activist judge, put
his name out there. My understanding, at
least based on the information I'm
looking is that threats began to come in
as a result of this. And you know, we
don't know much so I want to be careful,
but you know, the judge is no longer
with us.
These are intentional acts that I think
are reckless and I think put judges
lives in danger. And I just don't
understand again what is the end game
with this worst of the worst series.
What are we looking to do? Are we
looking to intimidate judges who don't
want to be on the worst of the worst
list because they're going to be now
targets for threats? So, are we working
on intimidating judges? Are we
threatening judges by putting this
information out there and looking for
people to then take matters into their
own hands? What is the end game when we
we do the this type of series in quotes?
>> Yeah, well, a DHS spokesperson said that
the social media thread is nothing more
than a factual review of judicial
decisions and their real-world
consequences. If accurately describing a
judge's rulings is controversial, the
issue isn't the reporting, it's the
rulings themselves. The record speaks
for itself. Facts aren't attacks. So,
they're not backing down.
>> Well, then I encourage your audience to
actually fact-check these ex post
because I can say procedurally
they've been fact-checked on my end. I'm
not going to talk about the merits.
They're open cases, so I can't do that
as a sitting judge. But I can tell you
procedurally
there are inaccuracies. And we can just
look to actual cases now like what
they're they're posting about Judge
Debose. And there is exactly evidence
now that, you know, she wasn't provided
the necessary information. In fact, it
was intentionally kept from her. That's
still up there. And that's not fact
anymore. And why it remains up is beyond
me.
But, you know, what they continue to do
is, I think, directly attacking judges
personally. These are not merit-based
arguments. These are, you know, these
are very personal attacks on these
judges. And, you know, the fact that you
can do it is one thing, but should our
leadership be doing this? That's the
other question I have.
>> Well, it seems to be coming from the
top. If you put it in the context of the
administration attacking the judiciary,
President Trump has repeatedly called
out activist judges, and he tore into
the Supreme Court justices who ruled
against his tariffs, calling them fools
and lapdogs. You have the acting
Attorney General talking about being at
war with the federal judiciary. Is it
sort of an attack on the rule of law?
>> You know, I've been very open and and
honest about my feelings with respect to
the president's comments
on down. And I speak to you today as
Daniel's mom. You know, this is an
incredibly hard month for Mark, my
husband, and I. And we are reminded of
what's at stake here when our political
leaders are recklessly and irresponsibly
using rhetoric to attack judges, what
can happen. In our case, we know that a
lawyer who was unhappy with the way I
was handling his case, what he did six
years ago in ringing my doorbell on a
Sunday afternoon at 5:00 in the
afternoon
and taking the life of my only child.
One shot to the chest. What he he almost
took my husband's life as well that day.
There are a lot of vulnerable people out
there, mentally vulnerable people that
see what our leadership is doing in
really demonizing judges and vilifying
us. And that is what they're doing with
using terms like monsters, hating
America, legal insurrectionists,
rogue, corrupt, judges with agendas,
activist judges. These words fuel people
that perhaps are otherwise unable to
really control themselves.
And I just think it's irresponsible and
inconsistent with the president's own
counsel after the White House
Correspondents Dinner and the issue that
happened there. I think the White House
spokesperson is along with the president
talked about toning down the rhetoric,
talking about toning down, you know, the
rhetoric and, you know, watching for our
vitriol. And yet we see the Department
DHS doing exactly the opposite of what
has been at least encouraged by the
president and his own spokesperson.
>> Please stay with me, Judge Salas.
Coming up next on the Bloomberg Law
Show, I'll continue this conversation
with Federal Judge Esther Salas.
President Trump doesn't appear to be
toning down the rhetoric against judges.
I'm June Grasso and you're listening to
Bloomberg.
The US Marshals Service has reported a
rise in threats against federal judges
to more than 560 last year, but the
administration doesn't appear to be
toning down its rhetoric against judges.
On Wednesday, President Trump went into
another tirade against the Supreme Court
on Truth Social, complaining without any
evidence that the decisions on tariffs
and birthright citizenship had cost the
nation trillions and trillions of
dollars. He also reposted a tweet
critical of Justice Amy Coney Barrett.
Acting Attorney General Todd Blanche has
said the Justice Department is at war
with judges. And the top lawyer at the
Department of Homeland Security, James
Percival, has put out a list targeting
federal judges by name in what he calls
the worst of the worst district judge
edition. I've been talking to Federal
Judge Esther Salas of the District Court
of New Jersey. She lost her only child
Daniel 6 years ago when a disgruntled
lawyer posing as a delivery driver
killed him when he opened the door to
their home. After that tragedy, Judge
Salas advocated successfully for
legislation to enhance security for
judges nationwide. You're on there when
Justices Elena Kagan and Amy Coney
Barrett testified before Congress asking
for additional funds for more security
because of increased threats the
Justices are getting. Justice Kagan
explained how politicians calling out
judges by name crosses a line and is
dangerous. And she said it's designed to
intimidate judges. Do you think that's
what this worst of the worst list is
designed to do?
>> I'm going to say that Chief Justice
Roberts warned all of us in in 2024
about the four illegitimate attacks.
And I think the Chief Justice did a
great job in reminding all of us in that
report about the dangers of these
tactics. We talk about violence. We talk
about intimidation.
We talk about the spreading of
disinformation, which I believe much of
what are on these X posts contain
misinformation and disinformation that
is being churned out to the public, the
American public. And I I also believe
that all of this plays into the eroding
of the public's confidence in the
justice system and I think this is
intentional. I think there is a negative
PR campaign that is being rolled out on
social media, being rolled out on
national news, being rolled out in these
statements that come from the top down
that the justice system is broken, that
the judges are rogue, that the judges
are activists, that the judges are
working against particular agendas and
all of this is aimed at eroding the
public's confidence in the justice
system and you know, as Daniel's mom, I
can't say that this is just, you know,
this is just a collection of perhaps
ill-advised acts. This is a campaign
that is been rolled out and in a way
that I have never seen and I don't think
I've ever seen it in the way that we're
seeing it now with threats of
impeachment, articles of impeachment
being rolled out against judges for
rulings they're making. Instead of
appealing the judges, we're threatening
judges with articles of impeachment.
We're posting these statements that
judges are threats to national security,
that judges are activists, that judges
are rogue, that judges are doing the
unthinkable, that judges are disobeying
SCOTUS and disobeying the seventh
circuit. These are all statements that I
think at best are taken out of context,
at worst are misrepresenting uh the
rulings that judges are making and and I
I am concerned that we're doing damage
and I don't know what the rippling
effects of the damage that's being done
on our democracy and on judges in
general and on on our rule of law. It's
just it's unheard of and and let me just
add one other thing. As Daniel's mom,
this is me, I'm mom talking. You know,
when you call us monsters, when you say
and accuse us of hating America, when
you say that we're legal
insurrectionists, when you say that
we're rogue, when you say that we're
corrupt, when you say that you have a
war on judges, you are villainizing us.
You are demonizing judges. And I think
And I hate to think this, but as
Daniel's mom, someone that's living
every day without her only child on this
earth, that if something were to happen
to one of us, you have in lots of ways
insinuated
that we had it coming.
And that's the irresponsible
behavior that is for me saddening
as someone that has to live every day
without her only child. Daniel's
birthday would have been July 13th. He
would have been 26 years old.
And instead, I talked to him at night
when I pray to him.
And I don't have my son today
because a person who felt like they had
to take matters into their own hands
did. And I think that our political
leaders who speak so recklessly, and
these posts that are, I think,
unprecedented, I think they ought to
think about what is the end game with
this tactic
that they seem to be rolling out very
aggressively.
>> Do you know if the four judges named in
this list have been getting threats
since it was posted?
>> I don't know whether there have been
increased threats now to these judges as
a result of these postings, but, you
know, we definitely have been able to
track the spike in threats to judges. I
mean, I gave you an instance with Judge
McElroy and what DHS posted that led to
threats for that particular judge. I can
tell you that I know for certain that
what they did with Judge Debose in Rhode
Island and what they posted and what
remains on their website as to
inaccurate information with respect to
her honor. That led to threats against
the judge. Yes, we are seeing there is a
corresponding spike when we see, you
know, these types of attacks against
judges for rulings they've made. We see
that. I don't know the extent and I
think that we all need to take a moment
to think about what happened with Judge
Steel, John Steel in the Middle District
of Florida, but we know that as a result
of a ruling he, instead of appealing his
honor, they went ahead and basically
issued, you know, a press release on an
activist judge. And based on the
reporting I'm hearing, his honor did
receive a spike in threats coming into
chambers. He's no longer with us and God
rest his soul. We lost him on, I
believe, July 15th. But this is
stressful and I think what we have to
remember is that judges are human, too.
And when you call our chambers and
threaten to kill us, and when charges
are brought, as one judge told me
recently, that this judge had to go to
court and testify against the person who
had threatened to kill this judge. And
you have to sit in a courtroom and talk
about the threats. When you have to come
into chambers and hear horrific messages
wishing you dead and wishing that you
see your children killed in front of
you, which, you know, I've had to hear
from a colleague of mine who played me
this tape that she received. And when
you have articles of impeachment being
brought against you, this is stressful
for anyone to have to deal with in
addition to having a challenging, you
know, docket and everything else. So, I
think that we have to be mindful of of
what we're doing. How, you know, the
fabric of this country is like
outstretched right now in terms of the
the attacks on the judiciary and on each
other. I mean, it is it is horrific. We
are so divided and we are just so full
of anger. What are the repercussions and
what are the consequences
to this continued rollout of attacks
against the judiciary? I don't know how
other people feel, but as Daniel's mom
on July 29th that I'm sitting for this
interview with you, I'm saying to
myself, you know, is this what we want
for our country? Is this what we want
for each other? Are these the standards
that we want to live by in this country?
And I bet you they're not. But, we have
to get back to holding ourselves to
particular standards and holding our
political leaders to those same
standards. And we've got to get to a
better place. And these postings, even
as I said earlier, can they do them or
should they be doing that? That's the
question.
>> Is the judiciary taking any action
against Percival for posting this list?
Perhaps filing a grievance with the Bar
Association for unethical conduct?
>> I'm not privy to anything. I'm speaking
to you today just as Daniel's mom, just
urging our leadership to act more
responsibly. I mean, take whatever
issues you want to take with respect to
the merits of of a case, take us up on
appeal, you know, criticize the merits.
If we look at these postings, they go
far less to merits and they're personal
attacks. And I just, as someone who's
sort of mourning her son, I I'm doing my
best to warn the American public and our
leadership that there are real
consequences at the back end of all of
this. And I, as Daniel's mom, just hope
that we can all learn to, you know,
disagree in an agreeable way. I I hope
we can get back to, you know, listening
to one another and not making someone an
enemy because they don't see the things
the way you see them.
We have a wonderful system of justice.
It's not broken. And I think that in
America we need to we need to come
together as opposed to try to tear each
other apart. And this is just an example
for me of us acting in a way that
hurts us all.
It's It's just hurts us all. So, I would
love for us to agree to disagree on
things and when necessary appeal us, but
you heard the justices' testimony about
what they've been through. Justice Coney
Barrett received a pizza in my murdered
son's name. I learned about that for the
first time in watching her testimony.
That hit me hard. We heard about
swatting. This is happening to to judges
and justices appointed by Rs and Ds.
This is a problem that we all can agree
is not discriminating. But, until we
agree that we are going to approach
things differently and have respect for
one another, I'm afraid we just give
license to this conduct and it's never
going to get any better unless we all
start to do better with the way we treat
each other. I want to just, you know,
say, Chief Justice Roberts was right.
Tension between the the branches is as
old as the Republic, but what we're
seeing now in these four illegitimate
attacks that he warned us about, this is
far from tension. This is, in some ways,
it is and it feels like war. And we've
got an acting attorney general that
declared war on the judges. And I just
don't think this is healthy for our
nation.
>> Thank you so much, Judge Salas. My
condolences over the loss of your son. I
know this is a difficult time for you.
>> I appreciate that and I hope you know
that Daniel's very much a guiding light
in in my life and and my husband's life.
And I hope that he can be a guiding
light for us to come back to a centered
place, a place of love and light as
opposed to just hate and darkness. And
and right now, we need a lot more love
and light in this world.
>> Thank you so much. I really appreciate
you're talking to me.
>> Thank you very much, too.
>> That's New Jersey federal judge Esther
Salas. And that's it for this edition of
the Bloomberg Law Show. Remember, you
can always get the latest legal news on
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And remember to tune into the Bloomberg
Law Show every weeknight at 10:00 p.m.
Wall Street time. [music]
I'm June Grasso, and you're listening to
Bloomberg.
Ask follow-up questions or revisit key timestamps.
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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