Full Breakdown
DHS General Counsel Faces Florida Bar Ethics Complaint Over “Worst of the Worst” Judge Posts
8/22/2026, 12:43:08 AM
Core Event: Ethics Complaint Filed Against James Percival
On a Tuesday that followed a series of social-media posts, 128 retired federal and state judges, together with the Democracy Defenders Fund and Lawyers Defending American Democracy, lodged an ethics complaint with the Florida Bar alleging that Department of Homeland Security (DHS) general counsel James Percival violated Florida Rule of Professional Conduct 4-8.2(a). The rule bars lawyers from impugning the qualifications or integrity of judges.
Background & Context
The “Worst of the Worst” label mirrors a DHS practice under the Trump administration that highlighted immigrants deemed the most dangerous for deportation. Throughout that administration, senior officials repeatedly criticized federal judges who blocked or narrowed immigration actions. Attorney General Todd Blanche described a “war” against the federal judiciary, and former President Donald Trump called dissenting Supreme Court justices “fools” and “lapdogs.” Percival’s posts continued this pattern by targeting judges who had ruled against the administration’s immigration policies.
Data & Statistics
- 128 retired judges signed the complaint.
- The series singled out four sitting judges: Matthew Kennelly (Northern District of Illinois), Allison Burroughs (District of Massachusetts), Paula Xinis (District of Maryland), and Hernán Vera (Central District of California).
- U.S. Marshals Service figures show 415 threats made against federal judges during fiscal 2026, affecting 307 different judges.
- A separate report cited 402 threats against individual federal judges in the current fiscal year.
Criticism & Opposition
- The complaint, filed by the Democracy Defenders Fund, Lawyers Defending American Democracy, and the retired judges, alleges that Percival’s statements are “unfounded ad hominem attacks” that mischaracterize the underlying cases.
- Judge Esther Salas of the U.S. District Court for the District of New Jersey expressed concern that the posts “put a bullseye on” the judges, urging political leaders to moderate their rhetoric.
Verbatim Quotes
- “I just ask our political leaders to tone it down,” — Judge Esther Salas
What’s Next
The Florida Bar has opened a disciplinary review of the complaint. The Bar’s investigation process may lead to a formal hearing, but no specific timetable has been disclosed.
