A federal judge appointed by President Donald Trump in 2018 announced that he had resigned from the largest association of federal judges, denouncing the way in which the group published a rare declaration last week condemning the recent alleged threats against judges but remained silent for years while the conservative members of the judiciary were confronted with an examination and attacks.
Judge James C. Ho, from the American Court of Appeal based in New Orleans for the Fifth Circuit, announced his departure from the Federal Judes Association during a speaking event on Saturday by the Conservative Federalist Society of the Faculty of Law of the University of Michigan. He comes in response to the group of 1,100 members publishing a declaration on March 5 saying in part that “the judges had to be authorized to do their work without fear of violence or intimidation of any kind”. Trump and his allies have become more and more critical of judges who blocked the Ministry of Government Effectiveness (DOGE) and other aspects of the Administration Day, while the chief of the DOGE, Elon Musk, called last month to an “immediate wave of judicial dismissal”.
“I was very surprised by this declaration. And the next morning, I sent an email to the organization saying that I wanted to resign,” said Ho about the Federal Judges Association. “I did research for myself, and I also asked the association if they had never published such declarations when judge Thomas had received attacks, or judge Alito. Judge Kavanaugh dealt with an assassination attempt. We had judges of the federal district in Texas and Florida – as well as, I am sure, other states, but it was those that came to mind immediately – all the states that have been confronted with things that complained. 2023 or 2022?
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James Ho, nominated to be a judge for the 5th Circuit Court of American Appeals, testifies during his confirmation hearing of the Senate Judicial Committee on November 15, 2017. (Call Roll Tom Williams / CQ)
“You cannot say that you are only in favor of judicial independence when it comes to decisions that you like. This does not protect the judiciary, that is to say the politicization of the judiciary,” said HO, arguing that such declarations really harm the cause they are trying further. “Because one of the two things turns out to be true when you are selective in this way. And one or the other of these options, I think, is a bad thing. The number one option is that you are essentially lying, that you do not care about this principle because you do not get up when the shoe was from the other foot, and therefore you say to the world essentially, we have not been seriously.”
“The alternative is perhaps even worse, it is that you say the truth – you care about this, this principle, whether it is judicial independence or freedom of expression. I think that this concept applies to many things,” continued Ho. “If you say the truth, you really care about this principle, but there are just people who have any opinions explaining. ”
James Ho, an American lawyer and American lawyer of Taiwanese origin, American circuit judge, speaks for the National Convention of Lawyers of the Federalist Society on November 10, 2022. (The Washington Post via Getty Images)
“And so what you may think is a declaration born of justice, I think, is perceived by many people as simply moralizing,” he concluded.
Fox News Digital contacted the Federal Judges Association for Comments, but they did not immediately respond.
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The president of the Federal Judes Association, the American circuit judge, J. Michelle Childs, who was appointed by former president Joe Biden, wrote in an email to members last week that “the judiciary faces increasing threats, in particular violence, intimidation, disinformation and unprecedented denominations that dispute his independence”, according to Reuters.
The Federal Judges Association then published a longer public declaration the next day which did not explain specific threats against specific judges.
J. Michelle Childs testifies during her confirmation hearing of the Senate Judicial Committee on April 27, 2022. (Tom Williams / CQ-Roll Call, included via Getty Images)
He started by saying that “recent events are a clear and urgent reminder that federal judges play a crucial role in maintaining our democracy as a guardians of the rule of law”.
“In the history of our Republic, there have always been tensions between the three distinct and equal branches of the federal government, including the criticism of judicial interpretations. The FJA endeavors to guarantee that precise information is shared with all American citizens concerning the role of the judiciary as defined in the American Constitution: the executive management,” said the group. “The specific decisions issued by the judges are not formed from individual opinions, but are rather prepared against the evaluation of what” laws on books “require”.
The group congratulated people, including the chief judge of the Supreme Court, John Roberts, “who recently commented on the increase in criticism, threats and violence aimed at members of the judiciary”.
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“Irresponsible rhetoric wrapped in disinformation undermines the confidence of the public that our judicial system can fulfill its constitutional duties,” the statement said. “The security of federal judges and all those who serve in the judicial branch of our government are fundamental for their ability to respect the rule of law, and to fulfill their constitutional duty without fear or undue influence. Any erosion in the independence of the judiciary is a threat to our constitution and for the rule of democratic law. judicial. “”
