Story perspectives

DHS Lawyer Faces Florida Bar Complaint Over Judge Attacks

8/22/2026

Summary

Story summary

James Percival, DHS General Counsel, faces a Florida Bar complaint for impugning federal judges.
A coalition of 128 retired judges, Democracy Defenders Fund and Lawyers Defending American Democracy filed the complaint.
On July 23, Percival posted a “Worst of the Worst” list naming Judges Kennelly, Burroughs, Xinis and Vera.
The complaint alleges Percival violated Florida Rule of Professional Conduct 4-8.2(a) prohibiting attacks on judges’ qualifications or integrity.
U.S. Marshals Service reports more than 402 threats against individual federal judges this fiscal year.

History

Historical Context

In 1989, the U.S. Senate impeached and removed Florida federal judge Alcee Hastings after a House Judiciary Committee indictment, marking a rare judicial ouster. The Senate’s 69-26 conviction, endorsed by President George H. W. Bush and cited by the Florida Bar, underscored the gravity of misconduct allegations. Today, DHS General Counsel James Percival’s Florida Bar complaint, backed by the Democracy Defenders Fund and 128 retired judges, echoes the Hastings precedent by targeting perceived judicial improprieties. The episode reinforces ongoing tensions between executive officials and the judiciary, prompting stricter enforcement of Rule 4-8.2(a) and heightened security for federal judges.

1 of 2

Story summary

James Percival, DHS General Counsel, faces a Florida Bar complaint for impugning federal judges.
A coalition of 128 retired judges, Democracy Defenders Fund and Lawyers Defending American Democracy filed the complaint.
On July 23, Percival posted a “Worst of the Worst” list naming Judges Kennelly, Burroughs, Xinis and Vera.
The complaint alleges Percival violated Florida Rule of Professional Conduct 4-8.2(a) prohibiting attacks on judges’ qualifications or integrity.
U.S. Marshals Service reports more than 402 threats against individual federal judges this fiscal year.

1 / 2