A federal judge recused himself from Oregon’s lawsuit over the Trump administration’s deployment of the National Guard to the state on Thursday after the Justice Department requested that he do so over public comments from his wife, Rep. Suzanne Bonamici (D-OR), about the deployment.
U.S. District Judge Michael Simon was randomly assigned the case shortly after Oregon officials filed it against the Trump administration earlier this week. However, in a court filing Thursday, the administration argued Simon should recuse himself from hearing the case because of Bonamici’s comments. Simon said that while he did not feel it was necessary to recuse himself, he would do so anyway and noted that the previously scheduled hearing over Oregon’s request for a temporary restraining order would still occur on Friday.
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“Although the Court does not believe that recusal is required under either federal law or the Code of Conduct for United States Judges, because it is necessary that the focus of this lawsuit remain on the critically important constitutional and statutory issues presented by the parties, the undersigned U.S. District Judge hereby recuses himself,” Simon said in an order to the docket.
The case was reassigned from Simon, an appointee of former President Barack Obama, to U.S District Judge Karin Immergut, an appointee of President Donald Trump.
In its request for Simon’s recusal, the DOJ pointed to Bonamici’s signature on a letter, co-signed by other Democratic Oregon lawmakers, which urged the administration to rescind the order deploying the troops and suggested the deployment may violate the law. The filing also noted Bonamici spoke alongside other state leaders who filed the lawsuit about the deployment the day before the lawsuit was filed.
“To be sure, Defendants recognize that Judge Simon and Representative Bonamici speak for themselves, not for each other. Nonetheless, the unique factual, legal, and political role that Judge
Simon’s spouse has played in the central events of this lawsuit may create the appearance of partiality.
The principles of Section 455 therefore counsel in favor of recusal,” the DOJ said in its filing, citing a provision of law regarding judges recusing themselves from cases over the potential appearance of partiality.
“The significant public interest in this lawsuit likewise makes it vital that the Court endeavors to ensure public confidence in the outcome of litigation by removing any possible perception of partiality,” the filing added.
The Justice Department also filed a brief opposing an injunction over the deployment of the National Guard, arguing the deployment is “tailored to the threat in Portland” of attacks on federal agents and facilities and is lawful despite the state’s assertion in court.
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Oregon officials claim in their lawsuit that the deployment of National Guardsmen to Portland is “patently unlawful” in terms of how the troops were federalized and how the administration has used troops within the city.
The lawsuit comes months after California officials sued the administration in an attempt to end the use of the National Guard to protect federal personnel and property after violent protests over federal immigration operations in the area. A federal judge initially ruled against the Trump administration, but a federal appeals court halted the order enjoining the deployment indefinitely.