DOJ pushing to remove 2 Minnesota judges

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Oct 22, 2026
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The Justice Department is escalating
a legal battle with Minnesota's federal judges.
Government lawyers want to disqualify two judges
from separate immigration cases,
claiming the judges recently crossed
the line into political commentary.
Fox 9's Paul Bloom is breaking this one down tonight.
So, Paul, the Trump administration questioning
the judges' neutrality in these cases.
Simone, a pair of motions filed just this week.
the DOJ is demanding the U.S. District Court judges John Tunheim
and Patrick Schiltz step
down from a pair of current cases that are on their docket right now.
It all goes back to a
mid-September New York Times article where both judges went
on the record to talk about the legal
fallout from Operation Metro Surge.
Now the Department of Justice says those interviews
compromise the judge's ability to be impartial.
Take Judge John Tunheim's case, for example. He's
presiding over the trial of a defendant accused
of voting illegally as a non-citizen.
The government says because Tunheim told the New York Times
that authorities weren't arresting, quote,
dangerous criminals out on the street, it shows that he
is biased against enforcing immigration and election laws.
Meanwhile, Judge Schiltz is overseeing a civil case where
the DOJ is attempting to strip a man of his citizenship,
claiming that the man obtained it illegally.
The government wasn't happy that Schiltz, chief judge during the surge,
sat down for this 90-minute interview with the Times accusing
the administration of displaying a, quote, disregard for court orders.
So, Paul, the New York Times article wasn't
Judge Schiltz's first interview, was it?
You sat down with him earlier this year, right?
Yeah, good memory here.
Simone, we spoke to the judge in an interview
that received far less scrutiny.
Now, our conversation focused on the logistics the courts faced during
the surge, given the unprecedented level of litigation
that accompanied the federal immigration sweeps across Minnesota.
Here were some of his thoughts at the time.
That was one of the most difficult things about this for us judges
is that, as I said, they were literally these petitions
were being filed from early morning till late at night.
And if I went to a movie for two hours
or just wasn't near my iPhone for two hours,
that could be the difference between somebody being put on a plane
and sent to Texas or somewhere else and someone being ordered released
and returning to their family that night.
So there was kind of an emotional toll
as well as just the work and the time.
anytime you were doing something
that was not work you you kind of felt guilty like you should
be working because somebody's somebody might really
be harmed by the fact that i went to the
movie or i went out to dinner with friends judge schiltz here
in his own words now despite the doj's
complaints a spokesperson for minnesota's
u.s district court is defending the judges here
saying they acted well within ethical rules
by talking about core issues like the rule of law
Looking ahead, Judge Schiltz has scheduled
a hearing on this recusal motion for next month,
while Judge Tunheim hadn't taken any action on his just yet
when I checked the court system earlier today.
Paul Bloom, Fox 9.
