DOJ Targets Minnesota Federal Bench Over Rare Media Interviews

The Department of Justice filed a formal complaint of judicial misconduct against Hon. Patrick J. Schiltz, Hon. John R. Tunheim, and anonymous district judges in the U.S. District Court for the District of Minnesota, Attorney General Todd Blanche announced Wednesday.

The complaint stems from a September 17, 2026, New York Times article headlined “Trump’s Minnesota Surge Threatened Democracy, Judge Warns.” According to the complaint, Judge Schiltz sat for a 90-minute interview, and six other members of Minnesota’s federal bench—comprising six of the seven judges who held active status in the district last winter—agreed to speak to the newspaper regarding federal immigration actions in the state. Judicial ethics rules prohibit federal judges from commenting publicly on pending cases in any court and from making political or policy statements regarding matters that are or have been before them.

“Seven federal judges in the District of Minnesota talked to the New York Times about cases, some of which are ongoing, in a manner that the Department of Justice views as a clear violation of their ethical duties,” Blanche said. “Their conduct has undermined public confidence in an impartial judiciary in Minnesota.” Blanche also called the judges’ comments “blatantly false.”

In the Times report, Schiltz, who was appointed by President George W. Bush, stated that the administration’s disregard for court orders during the immigration crackdown “created a grave threat to the rule of law.” While declining to discuss active cases, Schiltz said, “I would say aloud to myself, ‘This just never happens.’” Schiltz also stated, “My impression was that most, if not all, of the noncompliance was due to incompetence, not due to conscious defiance of orders.”

Judge Tunheim told the publication, “They weren’t arresting, in my view, people who were dangerous criminals on the street.”

Judge’s Gavel (Unsplash)

Justice Department leadership sharply criticized the interviews during the announcement.

“Our complaint alleges that federal judges in Minnesota used their official judicial office to pander to the press about immigration policies,” said Acting Deputy Attorney General Trent McCotter. “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.”

Associate Attorney General Stanley E. Woodward, Jr. said, “An independent and honorable judiciary is indispensable to justice in our society. But public confidence in judicial impartiality cannot survive if judges seek out media attention and pander to the press. Regrettably, judges in the District of Minnesota have done just that—by disregarding their ethical duties and launching a partisan press campaign, these judges advance their policy preference, allowing criminal illegal aliens to run free in Minnesota. This Department of Justice will not let that stand, and today’s complaint ensures we have a fair and impartial forum to continue to vigorously enforce our Nation’s immigration laws in court.”

The Justice Department’s filing asks the United States Court of Appeals for the Eighth Circuit to open an investigation into the judges’ conduct. The complaint also calls for the judges who spoke with the New York Times to recuse themselves from all civil and criminal cases involving the Department of Homeland Security, asserting that the interviews have raised questions regarding judicial impartiality.