Exclusive: DHS General Counsel Responds to Judges’ Complaint

DHS General Counsel James Percival is now addressing a complaint made by 128 former judges, turning the situation back on them. He’s urging the Florida Bar to examine those among the complainants who are members of the Bar, especially after the Bar decided not to pursue an investigation into his actions.

The Florida Bar maintains that it does not investigate sitting officers appointed under the U.S. Constitution while they are in office. Percival argues that the judges should have been aware of this policy before contesting his “Worst of the Worst Judges” series.

Percival has claimed that the judges who filed the complaint may be misusing the disciplinary process for political reasons. He labeled their complaint as frivolous and called their tactics “Bar-fare.” He pointed out that this isn’t an isolated incident but a tactic often employed by the left, drawing parallels with the 2020 uproar involving former intelligence officials and Hunter Biden’s laptop.

Percival criticized the media’s portrayal of concerns over his list of “activist judges,” calling it “absolute absurdity.” He indicated that, historically, the left has utilized experts to silence dissenting voices, suggesting a lack of confidence in their arguments.

This statement comes in light of a 24-page complaint filed by various groups, including the Democracy Defenders Fund, accusing Percival of breaching ethical rules regarding his public statements about judges. The complaint claims that his remarks mischaracterized the judges’ decisions and attacked their integrity, potentially undermining public trust in the judiciary.

Prominent judges, including former Florida Supreme Court Chief Justice Peggy Quince, were involved in the complaint, which specifically mentions four judges from Percival’s list, accusing them of various judicial misconducts.

Percival has highlighted previous complaints handled by the Florida Bar to demonstrate a pattern where they have declined to investigate federal appointees, reinforcing his opinion that the latest complaint is unfounded. He characterized the judges’ actions as not only frivolous but also politically motivated, arguing that they should be held accountable if they are indeed Bar members.

In response to the complaint, Bar Counsel Christopher Wackes stated that their organization does not have the authority to investigate these sitting officials, as doing so could infringe on federal jurisdiction.

Percival remarked that the backlash he faces is indicative of his effectiveness: “If people are this upset about what I’m doing, it must be having an effect that they don’t like.” He encouraged conservative voices to persist in advocating their causes, despite potential challenges posed by their opponents.