Minnesota federal judges accused of misconduct by DOJ for comments on ICE surge

MINNEAPOLIS (FOX 9) - The U.S. Department of Justice filed a complaint of judicial misconduct against two Minnesota federal judges who spoke to the New York Times about Operation Metro Surge, with one judge saying it "created a grave threat to the rule of law." 

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MN federal judges accused of judicial misconduct

Big picture view:

The U.S. Department of Justice filed a formal judicial misconduct complaint against two Minnesota federal judges, Patrick Schiltz and John Tunheim, saying they breached a code of conduct by giving extensive on-the-record interviews to the New York Times about immigration enforcement cases that are still pending in courts across the country.

The complaint was also filed against judges who spoke to the New York Times anonymously. 

The New York Times article, titled "Trump's Minnesota Surge Threatened Democracy, Judge Warns," was published on Sept. 17, 2026.

During that interview, Schiltz reportedly told the Times that the Trump administration showed a "disregard for court orders," that the situation had "clogged his courthouse to a near standstill," and that it had put "the constitutional order at risk," according to the complaint. 

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Schiltz said what happened in Minnesota's federal court "created a grave threat to the rule of law."

Judge Tunheim, speaking on Operation Metro Surge, was quoted in the New York Times as saying, "They weren't arresting, in my view, who were dangerous criminals on the street," according to the complaint.

What they're saying:

United States Attorney General Todd Blanche spoke about the lawsuit during a news conference, saying, "I would posit that there's not a single reporter in this room that has ever had an on-the-record conversation with a sitting federal judge on a case still before them. Because they don't do that. They're not allowed to do that."

Acting Deputy Attorney General Trent McCotter elaborated further, saying, "Our complaint alleges that federal judges in Minnesota used their official judicial office to pander to the press about immigration policies. Judges who covet publicity rather than follow the rule of law by adjudicating cases or controversies undermine the public’s confidence in an impartial jury." 

Why you should care:

The complaint requests that the seven judges who spoke to the New York Times on immigration cases recuse themselves from anything that involves the Department of Homeland Security, stating that "the public reasonably questions their impartiality in cases involving immigration." 

The misconduct complaint was filed with the 8th Circuit Court of Appeals.

Judges say they ‘were acting well within the ethical rules’

The other side:

A public information officer of the U.S. District Court District of Minnesota released the following statement in response to the complaint:

"As legal-ethics experts have confirmed, our judges were acting well within the ethical rules that apply to federal judges in speaking to the New York Times. Indeed, in February of this year, the Committee on Codes of Conduct issued an advisory opinion to emphasize that federal judges may 'speak[] [sic] and writ[e] on core judiciary matters such as advocacy for the rule of law and judicial independence.' Our judges acted within this capacity."

Minnesota Attorney General Kieth Ellison shared a statement that called the DOJ complaint "A desperate and dangerous attack on American judicial independence."

Part of that statement said, "This complaint has nothing to do with judicial ethics and everything to do with political punishment. Blanche and Trump are trying to punish the judges who ruled against federal government actions during Operation Metro Surge — including the Administration’s undisputed non-compliance at the time with hundreds of court orders — even though sometimes the court ruled with the government. Remember that Trump promised a campaign of ‘reckoning and retribution’ against Minnesotans during Metro Surge: federal agents terrorized, hurt, and killed Minnesotans and are still standing in the way of justice for the victims. Today’s complaint is more evidence Trump won’t let go of his campaign against Minnesota."

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