The Department of Justice (DOJ) filed an ethics complaint against U.S. District Judge Ana C. Reyes, who is hearing arguments in a case challenging President Donald Trump’s ban on transgender people serving in the U.S. military.
Newsweek reached out to Reyes’ chambers for comment via email.
Why It Matters
Trump on January 27 issued an executive order instructing the Pentagon to update its guidance “regarding trans-identifying medical standards for military service and to rescind guidance.” After the order went into effect, Secretary of Defense Pete Hegseth issued a memo saying transgender people would no longer be allowed to enlist in the military.
The order sparked a lawsuit from transgender service members, who argued it is unconstitutional to ban them from serving. It is one of several legal cases Trump is facing over the flurry of executive orders issued in the early days of his second term.
What To Know
DOJ Chief of Staff Chad Mizelle filed the ethics complaint against Reyes on Friday, alleging “misconduct” during case proceedings in the U.S. District Court for the District of Columbia on February 18 and February 19.
Mizelle accused Reyes of engaging in “hostile and egregious misconduct that violated Canons 2A and 3A(3) of the Code of Conduct for United States Judges,” according to the order, posted to X, formerly Twitter, by the Article III Project.
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During the contentious hearing, Reyes seemed deeply skeptical of Trump’s executive order.
“You and I both agree that the greatest fighting force that world history has ever seen is not going to be impacted in any way by less than 1 percent of the soldiers using a different pronoun than others might want to call them,” Reyes said while addressing Justice Department lawyer Jason Lynch. “Would you agree with that?”
She also said the premise that there are only two genders is not “biologically correct.” Mizelle raised concerns about these remarks in the ethics complaint.
“While Judge Reyes was not sure exactly how many sexes there were, she hypothesized that could be ‘anywhere near about 30 different intersex examples.’ It was during these lines of questioning that Judge Reyes engaged in the unacceptable misconduct at issue in this complaint, questioning a Department of Justice attorney regarding his religious beliefs and then using him unwillingly as a physical prop in her courtroom theatrics,” he wrote.
He pointed to her questioning a DOJ attorney about what Jesus “would say to telling a group of people that they are so worthless, so worthless that we’re not going to allow them into a homeless shelter?” He said her question lacked relevance and placed the attorney in an “untenable position.”
He also accused Reyes of using an attorney as a “physical prop” after a demonstration about discrimination in which she hypothetically said she would not allow University of Virginia Law School graduates to appear before her.
Mizelle wrote that the matter warrants “at minimum” a “further investigation to determine whether these incidents represent a pattern of misconduct that requires more significant remedial measures.”
What People Are Saying
Writer Ari Drennen, in a post to X: “The Trump DOJ is BIG MAD about their lawyers being humiliated in court.”
Matt Stoller, director of research at the American Economic Liberties Project, on X: “In this case, whatever you think about the issue, the DOJ is correct. Judge Ana Reyes is well known as a wildly unprofessional judge who routinely abuses her power in the court room.”
What Happens Next
More details about a potential investigation were not immediately clear Friday afternoon. Arguments in the case were expected to continue on Wednesday.
