A senior court official has thrown out a Justice Department complaint that accused a federal judge of “hostile and egregious” conduct during hearings in a lawsuit challenging President Donald Trump’s ban on transgender individuals serving in the military.
The complaint alleged that U.S. District Judge Ana Reyes of Washington, D.C., improperly questioned a government lawyer about his religious beliefs and attempted to embarrass him with a hypothetical during a February hearing.
In a Sept. 29 order, which was not made public until Monday, Chief Judge Sri Srinivasan of the U.S. Court of Appeals for the District of Columbia Circuit dismissed the complaint. He wrote that if the Justice Department had concerns about Reyes’ impartiality, the appropriate vehicle would have been a motion asking that she recuse herself from the case.
The department never directly requested that Reyes step aside from the transgender troops litigation, nor did it seek review of the chief judge’s ruling. The order did not weigh in on whether the factual allegations in the complaint were accurate.
Srinivasan noted that when a party believes a judge’s actions raise serious questions about impartiality, the established procedure is to seek recusal in the case itself rather than pursue a misconduct complaint.
The Justice Department declined immediate comment on Tuesday. Reyes also declined to comment on either the complaint or the chief judge’s decision.
The complaint was submitted by then–chief of staff Chad Mizelle under Attorney General Pam Bondi; Mizelle has since left the department. He argued that Reyes’ conduct “compromised the dignity of the proceedings and demonstrated potential bias.”
Mizelle highlighted an exchange in which Reyes asked a government attorney, “What do you think Jesus would say to telling a group of people that they are so worthless, so worthless that we’re not going to allow them into homeless shelters? Do you think Jesus would be, ‘Sounds right to me’?” The attorney replied that “The United States is not going to speculate about what Jesus would have to say about anything.”
The complaint also cited a courtroom exercise Reyes used to illustrate discrimination. She described a hypothetical rule barring graduates of the University of Virginia School of Law from appearing before her on the ground that they are “liars and lack integrity.” She then instructed the government lawyer — himself a UVA graduate — to sit down before later inviting him back to the podium.
Reyes was appointed to the bench by President Joe Biden, a Democrat. Trump and his Republican allies have increasingly criticized federal judges since the beginning of his second term.
Trump’s Jan. 27 executive order, which underlies the lawsuit, asserts — without offering supporting evidence — that the gender identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and undermines military readiness. The order directed Defense Secretary Pete Hegseth to implement a revised policy.
Six transgender active-duty service members, along with two additional plaintiffs seeking to enlist, filed suit to challenge the order. In March, Reyes temporarily blocked the policy from taking effect, finding that it likely violates the plaintiffs’ constitutional rights. A separate federal judge in Washington state also halted enforcement of the order.
Reyes subsequently agreed to pause her own injunction while the government pursues an appeal, which remains unresolved. In the meantime, the U.S. Supreme Court has allowed the Trump administration to proceed with its ban on transgender military service.
