特朗普政府升级与联邦法官的矛盾


2026-09-30T16:09:44.904Z / https://www.cnn.com/2026/09/30/politics/doj-minnesota-immigration-federal-judges-blanche

美国司法部长托德·布兰奇周三宣布,司法部已针对明尼苏达州几乎所有联邦法官提起司法行为不当投诉,进一步加剧特朗普政府与司法部门之间的紧张关系。

此次要求法官们回避移民相关案件的举动,源于《纽约时报》近期的一篇报道:六名联邦法官在报道中称,司法部在移民执法激增期间未能遵守法院命令,这对法治构成严重威胁。

法官们在评论中重点指出,司法部的人员短缺似乎阻碍了政府遵守法院命令的能力——这与他们此前在法律场合发表的言论类似。但布兰奇周三表示,这些言论“公然带有政治色彩”,违反了司法规则,且反映出对国土安全部“明显的偏见”。

目前这一道德投诉正在负责监督明尼苏达州联邦法院的联邦上诉法院待审中,布兰奇同时呼吁地区法院法官回避涉及国土安全部的案件。

不过,这一要求可能不会产生太大影响—— 此前的相关努力和公开投诉均未取得任何进展,且法官被取消资格的门槛极高。

特朗普政府曾尝试多种手段回击他们认为敌视唐纳德·特朗普总统议程的法官。其中包括一起针对马里兰州整个联邦法院的司法部诉讼,该诉讼试图推翻一项限制政府快速递解对驱逐决定提出异议的移民的法院命令,最终以失败告终。

此外,特朗普政府高级官员还公然使用尖锐言辞公开点名批评他们不认同的法官裁决。

随着全国各地法院因阻止特朗普政策举措的裁决而遭到总统及其盟友的激烈公开反对,法官们已发出警告,称这种激烈言论加剧了威胁和恐吓的风险。

“这些法官向媒体,至少是向《纽约时报》谈论了部分仍在审理中的案件,司法部认为这明显违反了他们的职业操守,”布兰奇说道。

司法部长指控明尼苏达州法官存在偏见

0:46 • 来源:CNN

Attorney General accuses Minnesota judges of bias
0:46

司法部此次针对明尼苏达州联邦法院的最新行动,引发了法律界的一场辩论:法官在法律程序之外发表评论批评政府行为是否恰当。

特朗普及其副手在其第二任期伊始采取的前所未有的行动引发了一系列极端法律纠纷,其中不乏法官公开发声的案例——包括在正式记录场合,以及接受媒体匿名采访——表达他们对民主规范遭到破坏的担忧。他们的言论有时不仅针对特朗普政府,还批评最高法院经常在未充分解释原因的情况下推翻下级法院作出的不利于政府的裁决。

参议院和众议院司法委员会的共和党主席、爱荷华州参议员查克·格拉斯利和俄亥俄州众议员吉姆·乔丹在一封信中呼吁首席法官约翰·罗伯茨禁止法官向媒体发表言论,尤其是匿名发表的言论。这封信还援引了下级法院法官对最高法院未充分解释原因就推翻他们针对特朗普的裁决的批评。

由罗伯茨监督的联邦法官政策制定机构——司法会议行为委员会最终出台了更为细致的指导意见。

今年2月发布的一份道德咨询意见称,在“某些情况下”,法官可以“适度为同事辩护,反击可能破坏司法独立或法治的不正当批评和攻击”。

该咨询意见指出,暴力、恐吓、虚假信息和拒不执行法院命令等均属于法官可以公开谴责的“不正当”行为。但同时也指示法官要考虑其言论的“基调、背景和形式”,包括法官匿名向媒体发表言论的情况。

《纽约时报》报道中援引的少数法官均为公开发言,而非匿名。不过报道称,该报共采访了七名法官。其中一名是特朗普第一任期任命的法官,似乎提及了最新的道德指导意见。

“我们有权为司法独立发声,”南希·E·布拉塞尔法官告诉《纽约时报》。“为了维护司法独立,我们理应如此。”

但布兰奇周三辩称,这些言论本质上是政治性的,且涉及仍在审理中的案件,违反了司法规则。司法部的投诉针对的是参与此次报道的六名在职法官——法院另有一名在职法官未接受《纽约时报》采访。

本文已更新补充更多信息。

Trump administration escalates feud with federal judges

2026-09-30T16:09:44.904Z / https://www.cnn.com/2026/09/30/politics/doj-minnesota-immigration-federal-judges-blanche

The Justice Department filed a judicial misconduct complaint against nearly all the federal judges in Minnesota, Attorney General Todd Blanche announced on Wednesday, escalating tensions between the Trump administration and the judicial branch.

The administration’s demand that the judges be disqualified from immigration-related cases was prompted by a recent New York Times article in which six federal judges described the Justice Department’s failure to comply with court orders during an immigration-enforcement surge as a grave threat to the rule of law.

In their comments, judges focused on how DOJ staffing shortages appeared to inhibit the administration in its ability to comply with their orders – similar to comments they have previously made in legal settings. But Blanche on Wednesday said the comments were “overtly political” in violation of judicial rules and that they reflected an “an obvious bias” against the Department of Homeland Security.

While the ethics complaint is pending at the federal appeals court that the oversees Minnesota’s federal bench, Blanche is calling on the district court judges to recuse from DHS-related cases.

The demand, however, may not have much impact, as previous efforts and public complaints have gone nowhere—and the bar for disqualification of judges is high.

The Trump administration has tried various tactics to strike back at judges they see as hostile to President Donald Trump’s agenda. That has included an unsuccessful DOJ lawsuit – filed against the entire federal bench in Maryland – challenging an order covering that court that limited the ability of the administration to quickly remove migrants who are challenging their deportations.

It has also included a willingness by top Trump officials to use exceptionally sharp language to publicly call out judges by name for rulings they disagree with.

As courts across the country have faced aggressive public pushback from the president and his allies for rulings that that blocked Trump policy initiatives, judges have sounded alarms about how the heated rhetoric has raised the specter of threats and intimidation.

“These judges talked to the media, or at least to the New York Times, about cases, some of which are ongoing, in a matter that the department views as a clear violation of their ethical duties,” Blanche said.

Attorney General accuses Minnesota judges of bias
0:46 • Source: CNN

Attorney General accuses Minnesota judges of bias
0:46

The latest Justice Department campaign against Minnesota’s federal court taps into a debate in the legal world over whether it’s appropriate for judges to criticize the administration’s actions in commentary outside the confines of a legal proceeding.

The extraordinary legal disputes that arose from unprecedented actions taken by Trump and his deputies at the beginning of his second term led to notable examples of judges speaking out — both in on-the-record contexts, and in anonymous interviews with press outlets — about their concerns of an assault on democratic norms. Their comments at times took aim not just at the Trump administration, but also at the Supreme Court for how it has frequently reversed lower court rulings against the administration with little explanation why.

Sen. Chuck Grassley of Iowa and Rep. Jim Jordan of Ohio, the Republican chairs of the Senate and House Judiciary Committee called on Chief Judge John Roberts to put a kibosh on judges talking to the press — particularly when done in an anonymous fashion — in a letter highlighting criticism from lower court judges of how the Supreme Court reversed their rulings against Trump with little explanation.

The committee on conduct for the Judicial Conference — a policy-making entity for federal judges that Roberts oversees —ultimately offered more nuanced guidance.

An ethics advisory issued for judges in February said there was room in “some circumstances” for them to offer “measured defense of judicial colleagues from illegitimate forms of criticism and attacks that risk undermining judicial independence or the rule of law.”

The advisory said that violence, intimidation, disinformation and threats to defy court orders were all examples of “illegitimate” activity judges could speak out about. But it also instructed judges to consider the “tone, context, and form” of what they’re saying — including in situations where a judge is speaking anonymously to the press.

The handful of judges quoted in the New York Times report were speaking on the record, not anonymously, though the report said the outlet spoke to seven judges in total. One of them, an appointee of Trump’s during his first term, seemed to refer to the recent ethics guidance.

“We are allowed to speak out about judicial independence,” Judge Nancy E. Brasel told the New York Times. “And so we should, in order to keep it.”

Blanche on Wednesday, however, argued that the comments were political in nature and that they touched on cases that were still pending in violation of judicial rules. The Justice Department’s complaint targeted the six active judges who participated in the story — a seventh active judge on the court did not talk to the Times.

This story has been updated with additional information.

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