A high-profile misconduct complaint filed by the Justice Department against a federal judge overseeing litigation over former President Donald Trump’s transgender military ban has been dismissed.
The ruling closes a contentious chapter involving accusations of bias, improper courtroom questioning, and challenges to judicial impartiality.
DOJ Complaint Over Judge’s Conduct Dismissed
Allegations Against Judge Ana Reyes
A Justice Department official had alleged that U.S. District Judge Ana Reyes, serving in Washington, D.C., engaged in “hostile and egregious” behavior during hearings earlier this year.
The complaint claimed she questioned a government lawyer inappropriately about his religious beliefs and directed a rhetorical scenario at him in a way meant to embarrass him.
Dismissal of the Complaint
In an order dated September 29 — made public the following Monday — Chief Judge Sri Srinivasan of the U.S. Court of Appeals for the D.C. Circuit dismissed the complaint in full.
Srinivasan stated that if the DOJ believed Reyes could not remain impartial, the correct legal remedy would have been a motion seeking her recusal, not a misconduct filing.
He emphasized that longstanding standards exist for raising concerns about a judge’s impartiality:
If a party thinks a judge’s behavior raises serious doubts about fairness, it must pursue recusal through the established process.
DOJ Response and Background of the Complaint
No Further Action From the Justice Department
The DOJ did not file an appeal of the chief judge’s dismissal. The agency also did not formally request Judge Reyes be removed from the transgender troop litigation.
As of Tuesday, department officials offered no public comment on the matter. Judge Reyes likewise declined to speak on the complaint or its dismissal.
Origin of the Complaint
The misconduct allegations were submitted by Chad Mizelle, then-chief of staff to Attorney General Pam Bondi. Mizelle has since left the department.
He argued that Reyes’ conduct “compromised the dignity of the proceedings” and signaled a possible bias.
Details of the Alleged Courtroom Exchanges
Question on Religious Beliefs
The complaint highlighted a moment during a February hearing where Judge Reyes asked a DOJ attorney what “Jesus would say” about deeming a group of people so worthless they could be barred from shelters. The government lawyer declined to comment on religious speculation.
Hypothetical Discrimination Exercise
The complaint also described a rhetorical scenario created by Reyes. She suggested that, hypothetically, she might ban graduates of the University of Virginia School of Law from practicing in her courtroom by labeling them dishonest.
The government lawyer, who attended UVA, was told to sit down and then called back up. The DOJ argued this exercise was inappropriate and humiliating.
Political Context Behind the Case
Reyes and Trump’s Judiciary Criticism
Judge Reyes was appointed by President Joe Biden, a Democrat. Former President Trump and several of his Republican supporters have intensified their criticism of federal judges since the beginning of his second term.
Trump’s Transgender Military Ban
Trump’s January 27 executive order claimed, without evidence, that the sexual identity of transgender service members conflicted with the military’s values of discipline and honesty. The order directed Defense Secretary Pete Hegseth to craft a new policy restricting transgender people from serving.
Legal Challenges to the Ban
Lawsuit Filed by Transgender Service Members
Six active-duty transgender personnel and two additional applicants filed a federal lawsuit challenging Trump’s policy. Judge Reyes issued a ruling in March blocking the administration from enforcing the order, stating that it likely violated the plaintiffs’ constitutional rights.
A federal judge in Washington state also issued a separate ruling halting the ban.
Appeals and Current Status
Although Reyes later agreed to pause her ruling while the government pursued an appeal, that appeal remains pending.
In the meantime, the U.S. Supreme Court has allowed the administration to implement the ban, meaning transgender individuals remain restricted from military service while litigation continues.
The dismissal of the DOJ’s misconduct complaint against Judge Ana Reyes underscores the judiciary’s adherence to established procedures for handling concerns regarding impartiality.
While the dispute over her courtroom conduct has closed, the broader legal battle over the transgender military ban continues to unfold, with major constitutional questions still awaiting resolution.
