Following the Justice Department’s September misconduct complaint against nearly every federal judge in Minnesota, 174 retired federal and state judges, including former U.S. District Judge Nancy Gertner, urged Eighth Circuit Judge Steven Colloton on October 26 to dismiss it. The department argues that the judges’ comments to The New York Times about the effect of Operation Metro Surge on the courts amounted to a “partisan press campaign,” and asks that they be required to recuse themselves from all cases involving the Department of Homeland Security. The retired judges reply that the Minnesota judges addressed court administration and the rule of law, subjects judges may discuss publicly, and that a misconduct complaint cannot replace the existing process for seeking recusal. No ruling has been reported.

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