Former Federal Judges Condemn Justice Official’s “War” Rhetoric Against Judiciary

A group of 50 former federal judges has issued a sharp rebuke of Deputy Attorney General Todd Blanche for characterizing the Trump administration’s ongoing court battles as a “war” against “activist judges.” The judges, appointed by both Republican and Democratic presidents, warned that such inflammatory rhetoric undermines judicial independence and potentially endangers those serving on the bench.

During a Federalist Society event last week, Blanche used provocative language to criticize federal judges who have temporarily blocked some of President Donald Trump’s executive actions since January. “It is a war,” Blanche declared, “and it is something we will not win unless we keep on fighting.” He further claimed that some judges “have a robe on, but they are more political, or as political, as the most liberal governor or DA.”

The remarks prompted immediate criticism from legal organizations, including the New York State Bar Association and the Article III Coalition of former federal judges, who expressed alarm at what they see as a dangerous departure from Justice Department norms.

“I’ve been in Washington since 1974, continuously, and I’ve never seen anything like it,” said Paul R. Michel, former chief judge for the U.S. Court of Appeals for the Federal Circuit, who previously served as a Watergate special prosecutor. “It’s just startling for the deputy attorney general to be functioning as a PR ‘hatchet man’ instead of a law enforcement official.”

Several former judges interviewed emphasized that Blanche’s rhetoric represents a significant break from longstanding Justice Department traditions, where officials typically maintain respect for judicial independence regardless of disagreements with specific rulings.

The judges pointed out that the administration already has appropriate legal remedies available through the appeals process when they disagree with lower court decisions. Philip Pro, a former U.S. district judge in Nevada appointed by President Ronald Reagan, explained that federal judges are “totally reactive” by design, and cases are randomly assigned to ensure impartiality.

“There is nothing ‘rogue’ about these decisions,” Pro added. “Those wheels grind slowly, but they grind exceedingly well, and that’s the way you get resolution.”

Josh Blackman, a professor at the South Texas College of Law who attended the event, offered a more nuanced view, suggesting Blanche was highlighting tensions between executive authority and judicial review rather than calling for violence. “I think it’s more trying to say that there’s just this struggle between the executive branch and the judiciary that is not normal,” Blackman said.

While presidential criticism of “activist judges” has historical precedents dating back to Franklin Roosevelt and Richard Nixon, the former judges expressed particular concern about the timing and tone of Blanche’s comments, especially given the current climate of increasing threats against the judiciary.

According to U.S. Marshals Service data, threats against federal judges in 2025 have already surpassed those from the previous 12-month period. These threats range from online harassment to physical violence and “doxxing” of judges’ home addresses.

Allyson K. Duncan, a former judge for the U.S. Court of Appeals for the Fourth Circuit, stated: “Calling judges ‘rogue’ because they apply the law in a politically unfavorable way is a fundamental misunderstanding of the role of the judiciary in our constitutional structure.”

Michel, reflecting on his time working under previous deputy attorneys general, recalled being instructed that politics were “outside the boundaries for Justice Department employees” and should have “no influence” on their work.

“The power to investigate, the power to indict and the power to prosecute and convict are awesome, awesome powers,” Michel emphasized, suggesting that political rhetoric from justice officials undermines their grave responsibilities.

The Justice Department defended Blanche’s comments, with a spokesperson telling Fox News Digital: “Deputy Attorney General Blanche’s remarks reflect a reality the Department of Justice confronts every day — a growing number of activist judges attempting to set national policy from the bench.” The spokesperson added that the department would “continue to follow the Constitution” while pushing back against “activist rulings” they believe “threaten public safety or undermine the will of the American people.”