Federal Judge Cleared of Ethics Violations for CNN Interview Addressing Threats Against Judiciary

A federal judge has been exonerated from accusations of ethical misconduct stemming from an appearance on CNN where he voiced concerns regarding threats leveled against members of the judiciary. The judge, Senior U.S. District Judge Reggie Walton of Washington, D.C., found himself under scrutiny after commenting on former President Donald Trump’s remarks about the daughter of Judge Juan Merchan, who presided over Trump’s New York criminal trial.

The 3rd Circuit Judicial Council, based in Philadelphia, dismissed two ethics complaints lodged against Walton, asserting that his remarks did not constitute a violation of judicial ethics. The council determined that Walton’s commentary focused on Trump’s social media statements concerning Judge Merchan and his family, rather than the specifics of any pending legal case.

Chief U.S. Circuit Judge Michael Chagares underscored the significance of Walton’s remarks, stating that the judge cautioned against the potential consequences of public statements akin to those made by Trump. Chagares further emphasized that Walton’s comments highlighted the crucial role of judicial independence in upholding the rule of law and ensuring equitable application of the law for all individuals appearing before a judge.

"These comments do not amount to judicial misconduct," Chagares concluded in the ruling.

The controversy arose following Walton’s appearance on CNN in March 2024, a rare instance of a judge granting a televised interview. The interview prompted two judicial ethics complaints, one of which was filed by Mike Davis, founder of the Article III Project, a staunch supporter of Trump. The identity of the other complainant remains undisclosed.

The complaints alleged that Walton breached judicial ethics rules by commenting on the merits of a pending case. They further argued that Walton’s remarks could have prejudiced potential jurors in the four criminal cases then pending against Trump by suggesting that the former president was issuing violent threats against Judge Merchan. At the time of the interview, Trump was no longer holding the office of president.

The 3rd Circuit Judicial Council consolidated the complaints against Walton, ultimately issuing a decision on January 31 that was recently made public. The council concluded that Walton’s statements did not violate the judicial code of conduct.

While the decision refrained from identifying Walton by name, Walton himself confirmed to Reuters that he was the judge in question. Walton, appointed by Republican former President George W. Bush, also acknowledged that the decision included quotes mirroring those found in the complaint filed by Davis.

Walton declined to provide further comment on the matter. Davis has yet to respond to requests for comment.

The council’s decision arrives amidst growing concerns about judicial security, fueled by vocal criticisms from Trump, his adviser Elon Musk, and other administration officials targeting judges who have ruled against the president’s agenda in court. Trump, for example, has advocated for the impeachment of a judge presiding over a case involving the administration’s deportation flights, branding the judge a "Radical Left Lunatic."

Walton’s CNN appearance occurred after Trump launched a public campaign against Judge Merchan and his daughter in anticipation of his criminal trial concerning hush money payments made to adult film actress Stormy Daniels before the 2016 presidential election. Trump referred to Merchan’s daughter as a "Rabid Trump Hater" in a social media post.

During the CNN interview, Walton expressed his unease with the attacks on Judge Merchan stating, "It’s very disconcerting to have someone making comments about a judge". He also voiced concern that such statements from individuals in positions of authority could "resonate with others" and potentially lead to "maybe cause injury or death to someone."

In January, prior to his second inauguration, Merchan sentenced Trump to an unconditional discharge with no prison term after a jury found him guilty last year of falsifying documents to conceal the hush money payment.

This incident underscores the increasing pressure and scrutiny faced by members of the judiciary, particularly in politically charged cases. The ethics complaints against Judge Walton highlight the delicate balance judges must strike between upholding the integrity of the court and addressing public concerns about threats to the judiciary and the rule of law. The ruling by the 3rd Circuit Judicial Council reinforces the importance of judicial independence and the right of judges to speak out against threats to their safety and the integrity of the judicial process, even when those threats come from powerful political figures. The case also brings to light the growing concern for judicial security in an era of heightened political polarization and increasingly vitriolic public discourse.