WASHINGTON, DC — The U.S. Department of Justice on Friday moved to disqualify U.S. District Judge Beryl Howell from overseeing a case involving President Trump’s March 6 executive order targeting law firm Perkins Coie LLP, citing concerns over the judge’s impartiality.
Key Points
- DOJ filed motion to disqualify Judge Beryl Howell over alleged bias in Perkins Coie lawsuit involving Trump executive order.
- Motion cites public statements and rulings related to Trump, Mueller, Durham, and the 2020 election.
- Perkins Coie opposes the request; Judge Howell has not yet ruled on the motion.
In a 29-page motion filed in D.C. federal court, DOJ attorneys alleged that Judge Howell has demonstrated a “pattern of hostility” toward Trump, referencing both courtroom rulings and public remarks. The motion cites a November 2023 speech in which Howell warned of an “authoritarian” threat to democracy, viewed by some as a veiled reference to Trump.
“The Court’s impartiality in this case might reasonably be questioned,” the motion states, pointing to Howell’s role in prior matters involving Special Counsels Robert Mueller and John Durham, both of which touched on the law firm at issue.
The case stems from President Trump’s executive order declaring Perkins Coie LLP a national security risk, alleging a “pattern” of misconduct tied to the firm’s past political legal work. Defendants argue Howell cannot fairly assess Trump’s actions, which include sanctioning the firm’s activities in the wake of the Durham investigation.
The DOJ’s motion accuses Howell of prejudicial conduct in prior Trump-related cases, including piercing attorney-client privilege under the crime-fraud exception, authorizing contempt sanctions over Trump’s Twitter account, and allowing a grand jury to proceed in D.C. despite contested venue.
They also cite a hearing held in this case last week, during which Howell reportedly criticized Trump’s repeated references to Fusion GPS and the discredited Steele dossier. “He really has a bee in his bonnet about it,” Howell said during the March 20 hearing, according to the court transcript.
The government argues these comments display a “condescending and dismissive approach” to central issues in the case and warrant reassignment to a judge unconnected with previous Trump investigations.
A proposed order accompanying the filing would reassign the case to another judge, though Judge Howell has not ruled on the recusal request as of Friday.
Per court rules, Perkins Coie LLP has indicated it opposes the motion.
The DOJ is seeking to remove Judge Howell from a Trump-linked national security lawsuit over alleged bias in prior high-profile cases.