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Former judges sue DHS lawyer over social media attacks on federal jurists

A group of former judges filed a Florida Bar complaint against DHS general counsel James Percival for labeling judges as the “Worst of the Worst” on social media.

More than 130 former judges submitted a Florida Bar grievance on Wednesday alleging that James Percival, the general counsel for the Department of Homeland Security, breached the state’s professional conduct standards. The complaint focuses on Percival’s July 23 social-media post that branded four federal judges as the “Worst of the Worst,” as well as later comments accusing two other judges of deliberately flouting a Supreme Court decision on Temporary Protected Status.

The filing asserts that Percival’s language - describing the judges as issuing “crazy opinions,” engaging in “judicial sabotage,” and acting “rogue” - is unfounded and mischaracterizes the rulings. Under Florida Bar rules, attorneys may not make knowingly false or reckless statements about a judge’s qualifications or integrity. The judges contend that no evidence shows Judge Allison Burroughs or the others acted to delay DHS deportation efforts. The complaint seeks disciplinary action for the alleged violations.

Why it matters

The case tests limits on how government lawyers can publicly criticize judges, reflecting broader executive-judicial tensions.

In this story

James PercivalFlorida bar complaintWorst of the Worst listfederal judgesprofessional conductimmigration policy criticismDepartment of Homeland Security
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