The Justice Department has raised serious allegations against U.S. District Court Judge Ana C. Reyes, claiming she exhibited “hostile and egregious misconduct” during a recent hearing related to a case involving President Donald Trump’s executive order affecting transgender service members in the military. The accusations were formally communicated by DOJ Chief of Staff Chad Mizelle to Chief Judge Sri Srinivasan on Friday.
The case in question, Nicolas Talbott, et al. v. Donald J. Trump, centers around an executive order that outlines the stance on transgender individuals in the military, stating that the medical and mental health needs of those with gender dysphoria may not align with military readiness and effectiveness. The order also includes a directive regarding the use of pronouns that reflect an individual’s biological sex.
Nicolas Talbott, a transgender man, along with five other service members, filed the lawsuit against Trump, challenging the executive order. During a hearing on February 18 and 19, Judge Reyes reportedly made several controversial remarks and engaged in behavior that the DOJ has characterized as inappropriate.
According to the DOJ’s letter, Judge Reyes questioned the number of sexes, suggesting there could be “about 30 different intersex examples.” This line of questioning allegedly led her to probe a DOJ attorney about his religious beliefs, using him as a “physical prop” in what the DOJ described as courtroom theatrics. The judge reportedly asked the attorney what Jesus would say about denying entry to homeless shelters for certain individuals, a question the DOJ deemed irrelevant to the case at hand.
The DOJ letter criticized Reyes for her lack of professionalism, noting her use of the phrase “WTF” during the inquiry, which they argue reflects poorly on her decorum as a judge. Furthermore, the DOJ claimed that her actions were not isolated incidents; they highlighted an instance where she directed the attorney to sit down, jokingly stating that no one from UVA Law School could appear before her, and continued to use him as part of her rhetorical exercise.
The DOJ contended that such behavior undermines the respect due to counsel and creates an intimidating environment that is inconsistent with the fair administration of justice. Mizelle’s letter called for appropriate actions to be taken to address these alleged violations, emphasizing the need for an independent and impartial judiciary to maintain public confidence in the legal system.
The allegations against Judge Reyes raise significant concerns about judicial conduct and the integrity of the courtroom, particularly in high-profile cases that attract public scrutiny. The DOJ’s request for further investigation indicates the seriousness of the claims and the potential implications for future proceedings in her court.