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DOJ files misconduct complaint against federal judges

From a U.S. Department of Justice (DOJ) press release,

Justice Department Files Judicial Misconduct Complaint Alleging MN Judges Made Improper and Unethical Comments to the New York Times.

The DOJ writes,

On September 17, 2026, the paper published an article titled Trump’s Minnesota Surge Threatened Democracy, Judge Warns. The article explains that Judge Patrick Schiltz of the District of Minnesota sat for a 90-minute interview.  Six other “members of Minnesota’s federal bench” also “agreed to speak to the New York Times about last winter’s tumult.”  This included “six of the seven judges who held active status in Minnesota last winter.”

Judges are ethically prohibited from commenting publicly on cases pending in any court and making political or policy statements concerning matters that are or have been before them. 

Judge Schiltz is no longer on active status. The DOJ complaint can be read here, and names Judge Schiltz and Judge John Tunheim by name. Tunheim is also on “senior” status. Here is the full list of judges now serving in the district. It’s not clear which one of the remaining six active judges skipped the Times interview.

The complaint was filed with the 8th Circuit Judicial Council, which covers Minnesota.

The “tumult” refers to Operation Metro Surge and the resulting habeas corpus petitions, federal criminal cases, and other lawsuits. The obvious problem with the judges’ intemperate rantings to the TImes is the revealed biases in favor of illegal aliens and against the enforcement of immigration laws.

Page 2 of the complaint proper lists some of the statements made by judge Schiltz and Tunheim. I personally find this statement from the latter to be incredible, referring to federal law enforcement authorities {“They”),

They weren’t arresting, in my view, people who were dangerous criminals on the street.

I have made something of a side career in documenting exactly the opposite: the depraved and dangerous crimes committed by arrestees in my Habeas Corpus and Minnesota Man series of posts.

I would hope, going forward, that Judge Tunheim excuses himself from every case involving illegal aliens.

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