President Donald Trump delivered a speech in Mount Pocono, Pennsylvania, which has sparked a controversy involving a member of the judiciary. Judge Emil Bove, who was recently confirmed to the 3rd Circuit Court of Appeals, attended the Tuesday event, subsequently leading to an ethics complaint filed against him.
The event, described as focusing on economic issues, transitioned into a session featuring the President's signature partisan rhetoric. According to Forbes, President Trump's speech included criticisms of political figures such as Minnesota Governor Tim Walz and commentary on immigration and national security. Following the speech, the advocacy group Fix the Court, operating under the New Venture Fund managed by Arabella Advisors, filed a complaint alleging that Judge Bove violated the Code of Conduct for U.S. Judges. The complaint, as reported by Benjamin S. Weiss via Twitter, contends that Judge Bove should have recognized the political nature of the event and distanced himself to avoid the appearance of impropriety.
The White House, through Communications Director Steven Cheung, responded to the criticism by downplaying the concerns and emphasizing the rights of American citizens. Republicans have come to Judge Bove's defense, stating that the speech was an official White House function addressing domestic issues of importance to all Americans. On the contrary, Democrats, including Senate Judiciary Committee ranking member Dick Durbin, have condemned Judge Bove's attendance, with Durbin expressing disappointment and reiterating his previous objections to Bove's confirmation.
Legal experts are divided on the matter. NYU's Stephen Gillers and Fordham's Bruce Green suggested that the partisan tone of the event made Judge Bove's presence inappropriate, whereas George Mason University's Robert Luther defended the judge, noting that attending civic events is not prohibited by the ethics code and that President Trump is not currently a candidate.
Historically, judicial ethics disputes have not been exclusive to any political ideology. For instance, Senior U.S. District Judge Michael Ponsor, appointed by President Clinton, was found to have breached ethics rules in an op-ed. Another federal judge admitted to a violation for participating in a politically affiliated club event.
Additionally, Judge Bove faces scrutiny related to his previous work with the Justice Department. During his confirmation process, he acknowledged providing legal advice on the transfer of Venezuelan migrants to El Salvador despite a court order, but stated that the DOJ had not authorized the disclosure. Allegations that he encouraged lawyers to disregard immigration-related court orders have been denied by Bove. His confirmation was narrowly secured with a 50–49 vote, with two Republicans dissenting.
The complaint by Fix the Court now advances to the Judicial Council, which holds the power to admonish or discipline Judge Bove. However, removal from office can only be actioned by Congress. This situation intensifies the ongoing debate about judicial ethics during President Trump's second term in office.
