DOJ Files Judicial Misconduct Complaint Against Minnesota Judges Schiltz and Tunheim Over New York Times Interviews, Asks for Their Recusal from DHS Cases

On September 30, 2026, the Justice Department announced it had filed a complaint of judicial misconduct against District of Minnesota Judges Patrick J. Schiltz and John R. Tunheim and unnamed other judges of that court. The complaint targets their interviews with the New York Times for an article published September 17, 2026. It asks the Eighth Circuit to “initiate an investigation” and asks that the judges who spoke “recuse themselves from any matters involving the U.S. Department of Homeland Security.”

The government’s framing. Attorney General Todd Blanche said the judges spoke to the Times “in a manner that the Department of Justice views as a clear violation of their ethical duties.” Associate Attorney General Stanley E. Woodward, Jr. accused them of “launching a partisan press campaign.” These are DOJ’s allegations. We found no finding by the Eighth Circuit.

Recusal motions, secondary source only. Marcy Wheeler of emptywheel later reported that Woodward “has now moved to recuse the two judges named.” One motion is in a sealed habeas case before Schiltz. The other is in a criminal case before Tunheim charging a defendant with “registering and voting as a non-citizen in 2024.” We have not read either motion, and RECAP holds neither. Their filing dates and docket numbers are unconfirmed. Wheeler also disputes the complaint’s account of the interview, writing that “Judge Schiltz didn’t compare the Administration to foreign adversaries.” That is her reading, not a finding.

Not read. The complaint itself. The DOJ release does not link a copy.

Sources

• DOJ Office of Public Affairs release: https://www.justice.gov/opa/pr/justice-department-files-judicial-misconduct-complaint-alleging-mn-judges-made-improper-and
• emptywheel (secondary): https://emptywheel.net/?p=219684