Department of Homeland Security General Counsel James Percival is challenging a complaint filed against him by 128 former judges with the Florida Bar, characterizing their action as an attempt to use "institutional prestige to give political claims added weight." Percival has called the tactic "Bar-fare," drawing parallels to the controversy surrounding the Hunter Biden laptop and a group of former intelligence officials.
The complaint, filed by rule-of-law groups Democracy Defenders Fund, Lawyers Defending American Democracy, and the 128 former federal and state judges, alleged that Percival violated Florida's ethics rules through "public attacks on sitting judges." The complaint focused on four judges featured in Percival's "Worst of the Worst Judges" series, whom he accused of actions including "open defiance of the Supreme Court," "judicial sabotage," and "judicial micromanagement."
The Florida Bar declined to investigate the complaint, citing its policy not to investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office. Bar Counsel Christopher Wackes stated that any action could "encroach on the authority of the federal government."
Percival argued that the complainants, particularly those who are members of the Florida Bar, should face scrutiny for potentially abusing the disciplinary process for political purposes. He contended that their filing was frivolous and that they should have been aware of the Bar's stance on investigating sitting appointees. Percival suggested that when the political left cannot debate an issue on its merits, they employ figures with perceived authority to silence dissent, a tactic he claims is becoming increasingly common.
He pointed to previous instances, such as the handling of a complaint involving former Attorney General Pam Bondi, as evidence of the Bar's established position. Percival also cited the Hunter Biden laptop controversy and the response to dissent over COVID-19 restrictions as examples of this broader strategy.
"The left has just like often hid behind this veneer, this prestige [of expertise] and they've gotten people who carry weight to carry their water for them," Percival stated. "And I really think the emperor has no clothes on this, but we have to call it out and expose it."
The complaint against Percival detailed accusations that his statements mischaracterized judges' rulings and assailed their character and integrity. The groups argued that such attacks can undermine public confidence in the courts and increase the risk of threats against judges. The cases highlighted by Percival involved disputes over Temporary Protected Status, the government's handling of specific migrant cases, and DHS use-of-force policies. He also referenced an article where he criticized a judge appointed by former President Joe Biden after an alleged international fugitive was ordered released.
Percival maintained that the judges in question are the ones undermining the judiciary by delaying executive action through district court rulings that cannot be immediately appealed. He expressed that the Bar complaint validates his efforts, stating, "if people are this upset about what I'm doing, it must be having an effect that they don't like, which really just encourages me to keep going."