DOJ files misconduct complaint against two Minnesota federal judges
The Justice Department filed a judicial-misconduct complaint with the 8th U.S. Circuit against Minnesota federal judges Patrick Schiltz and John Tunheim for comments to the New York Times.[1]
The complaint asks that seven judges be recused from all cases involving the Department of Homeland Security and requests a formal investigation into the judges' conduct.[1] The District of Minnesota has publicly said the judges acted within federal ethical rules based on a February advisory opinion from the Committee on Codes of Conduct.[1]
The New York Times published its story on Sept. 17, 2026 that quoted Schiltz calling the Minnesota situation a 'grave threat to the rule of law'.[1] The story also quoted Tunheim saying agents were not arresting 'dangerous criminals on the street'.[1]
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📌 Key Facts
- DOJ filed a formal judicial-misconduct complaint with the 8th Circuit Court of Appeals against Judges Patrick Schiltz and John Tunheim over their comments to the New York Times on Operation Metro Surge.
- The New York Times story, published Sept. 17, 2026, quoted Schiltz calling the Minnesota situation a 'grave threat to the rule of law' and Tunheim saying agents were not arresting 'dangerous criminals on the street.'
- DOJ is seeking to force recusal of seven judges from all cases involving DHS and to launch a formal investigation, while the District of Minnesota publicly maintains the judges acted within federal ethical rules based on a February Committee on Codes of Conduct advisory opinion.
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