The Department of Justice has formally requested that U.S. District Judge Eleanor Ross step down from a pivotal Georgia election records case. This extraordinary move comes after media reports identified Judge Ross as the federal judge recently disciplined by the Eleventh Circuit for alleged judicial misconduct, including attending a political victory party for Fulton County DA Fani Willis, who prosecuted Donald Trump. The DOJ argues these actions create an undeniable ‘appearance of bias,’ jeopardizing the impartiality required for a case concerning election integrity.
The Department of Justice (DOJ) has made an urgent appeal, asking U.S. District Judge Eleanor Ross to recuse herself from a crucial Georgia election records case. This significant request, filed on Friday, stems from recent media reports that identified Judge Ross as the federal judge who was previously disciplined for attending a victory celebration for a district attorney's campaign. The DOJ argues that if these reports are accurate, it creates a palpable "appearance of bias" that could undermine public trust in the judicial process.
The controversy centers around a May 2024 victory party for Fulton County District Attorney Fani Willis, who gained national prominence for prosecuting former President Donald Trump on charges related to an alleged conspiracy to overturn his 2020 election defeat in Georgia. The DOJ's motion contends that a judge disciplined for engaging in partisan political activity involving an official who prosecuted Trump cannot impartially preside over a case concerning election integrity and Trump's past efforts.
Key Developments in the Recusal Motion:
- The Department of Justice formally requested that Judge Eleanor Ross recuse herself from a Georgia federal case involving election records.
- The motion cites media reports identifying Ross as the judge disciplined by the Eleventh Circuit's Judicial Council for attending a political victory party.
- The DOJ asserts that if Ross is the judge in question, her attendance at Fulton County DA Fani Willis's May 2024 victory party creates an "appearance of bias," given Willis's prosecution of Donald Trump.
- Judge Ross has not publicly responded to queries seeking confirmation of her identity as the disciplined judge, and CNBC has not independently confirmed these reports.
The core of the DOJ's argument is rooted in the Eleventh Circuit's Judicial Council findings, which determined that an unnamed "Subject Judge" engaged in judicial misconduct by attending a partisan political event. The motion emphasizes: "A judge who attended a party celebrating the election of a Democrat best known for prosecuting a Republican President for alleged election interference cannot then preside over a case concerning that President's efforts to ensure election integrity."
While the DOJ's filing does not independently confirm Judge Ross's identity as the disciplined judge, it strongly references the media reports. Judge Ross, a federal judge since her nomination by then-President Barack Obama in 2014, has yet to comment on these allegations. CNBC's attempts to reach her clerks for confirmation also went unanswered.
The disciplinary action against the unidentified judge, as noted in the Eleventh Circuit's Judicial Council order, extended beyond political attendance. It also included findings that the judge engaged in extramarital sexual activity in chambers, within earshot of staff, and initially provided false denials when confronted. Sanctions imposed on this judge included apologies to former law clerks, foregoing service as chief judge, and refraining from Judicial Conference committee duties.
Adding to the visual evidence, a photograph from Fani Willis's primary election victory party in May 2024 reportedly shows Judge Ross in the background, holding what appears to be a martini glass, next to Willis's former boyfriend, Nathan Wade. The DOJ's recusal motion directly quotes disciplinary findings, noting that former clerks recalled the "Subject Judge" consuming martinis at a District Attorney's victory party, and admitting to an intern about having "too many martinis the night before at what may have been a political event for a District Attorney."
Judge Ross previously served as a senior assistant district attorney in the Fulton County District Attorney's Office from 1998 to 2002. The case from which the DOJ seeks her recusal involves the Department of Justice suing Georgia Secretary of State Brad Raffensberger for his refusal to hand over election records pertinent to a federal probe into the state's compliance with federal election law.
The DOJ emphasized in its filing that it has found no other reported instances of a sitting federal judge attending an election party for a partisan candidate. The Department concluded by stating, "In any event, Judge Ross must recuse herself from any case that an objective reasonable observer would construe as implicating partisan or electoral politics, including this case."
