The Department of Justice (DOJ) has filed a written complaint about U.S. District Judge Ana Reyes with the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, Sri Srinivasan, after a contentious case involving the Trump administration and two LGBTQ groups.
The letter, signed by Attorney General Pam Bondi’s Chief of Staff, Chad Mizelle, addresses what the DOJ described as Reyes’ “misconduct” during the proceedings in Nicolas Talbott et al. v. Donald J. Trump et al., a case brought by two LGBTQ groups challenging the Trump Administration’s Executive Orders barring transgender individuals from serving in the U.S. military.
According to the complaint, the transcript “reveals multiple instances where Judge Reyes’ misconduct compromised the dignity of the proceedings and demonstrated potential bias, raising serious concerns about her ability to preside impartially in this matter.”
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U.S. District Judge Ana Reyes is pictured with a group of protesters (Getty Images / YouTube / SenatorDurbin)
During the proceedings, Judge Reyes listed off executive orders signed by President Trump since taking office, including recognizing only two sexes, blocking school funding from promoting the idea that gender can be fluid, directing the State Department to stop issuing documents allowing a third gender marker, and revoking the ability of trans federal employees to receive a sex change. She also called out the Trump administration for revoking an earlier regulation concerning trans people having equal access to homeless shelters.
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The letter says Judge Reyes asked DOJ attorney Jason Lynch, “What do you think Jesus would say to telling a group of people that they are so worthless … that we’re not going to allow them into homeless shelters? Do you think Jesus would be, ‘Sounds right to me?’ Or do you think Jesus would say, ‘WTF? Of course, let them in?'”
DOJ attorneys asserted that the line of questioning was “deeply problematic for several reasons” – including placing DOJ counsel in an untenable position of either appearing unresponsive or speculating about how an incoherent hypothetical aligns with Reyes’ personal religious beliefs.
President Donald Trump sits down with Fox News anchor Bret Baier for an interview. (Fox News / Special Report)
The letter highlighted another incident in which Judge Reyes engaged in a rhetorical exercise to draw parallels to trans people being barred from military service. The judge instructed DOJ counsel, “My new standing order says that no one who graduated from UVA Law School can appear before me. So, I need you to sit down, please. I need you to sit down.”
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When counsel complied with this directive, the judge continued her hypothetical about UVA law graduates being banned from her courtroom because “they’re all liars and lack integrity.” The letter alleged that only after Judge Reyes used counsel as a physical prop did she allow him to continue the proceedings. She then asked counsel if he saw how unfair the reasoning was.
The Department of Justice seals is seen during a news conference at the DOJ office in Washington, May 16, 2023. (AP Photo/Jose Luis Magana)
However, the DOJ claimed in its complaint that such treatment “undermines the dignity of counsel and the decorum of the courtroom.”
At times, Judge Reyes commended DOJ lawyer Jason Lynch, telling him and the gallery that he was doing a credible job arguing for the government in a difficult situation.
The letter ends by asking for “appropriate action to be taken to address these violations,” suggesting that, at a “minimum, this matter warrants further investigation to determine whether these incidents represent a pattern of misconduct that requires more significant remedial measures.”
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U.S. District Court judges serve on the bench as a lifetime appointment. However, Chief Judge Srinivasan may choose to reprimand Judge Reyes or suggest that she recuse herself from the case.
