DOJ files complaint against Minnesota's federal judges over media comments

Sarah Nelson, The Minnesota Star Tribune on Sep 30, 2026

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

The U.S. Justice Department has filed a judicial misconduct complaint against Minnesota’s former chief federal judge and others on the bench who gave media interviews regarding the government’s violations of court orders during Operation Metro Surge.

Attorney General Todd Blanche announced Wednesday the department filed the complaint against U.S. District Judge Patrick Schiltz, U.S. District Judge John Tunheim and six other Minnesota judges. The complaint alleges they violated their ethical duties by speaking to The New York Times about the Trump administration’s immigration enforcement operation in Minnesota last winter.

The complaint focused on multiple comments Schiltz and Tunheim made in the Sept. 17 article after they gave a 90-minute interview to a reporter. The complaint cites statements from the judges that allege the administration’s operation clogged Minnesota’s federal courts to a standstill and created a “grave threat to the rule of law.”

But Blanche called the comments a violation of judicial rules that show an “obvious bias” against the Department of Homeland Security.

“Their conduct has undermined public confidence in an impartial judiciary in Minnesota,” Blanche said in a statement.

In response to the complaint, Schiltz told the Minnesota Star Tribune he was acting “well within the ethical rules” for federal judges by speaking to The New York Times, as confirmed by legal ethics experts. He referenced an advisory opinion from the Committee on Codes of Conduct that states federal judges can “‘speak and write’ on core judiciary matters such as advocacy for the rule of law and judicial independence.”

“That is exactly what I did,” Schiltz said.

The article says the reporter spoke to seven judges in total, six of whom had active status in Minnesota during the surge. The article describes the sentiment from many of the judges that the U.S. government repeatedly failed to follow immigration orders that accompanied the the surge due to insufficient staffing and “sloppiness.”

It’s rare for federal judges to publicly provide statements or interviews, the article noted. Schiltz is quoted in the article saying that he “hoped the portrait of how the bench had handled the crisis would help Americans better understand how the United States’ system of government depends on the rule of law.” Schiltz, a George W. Bush appointee, became a vocal public critic during Operation Metro Surge over flouted court orders and the actions of ICE, at one point ordering then-acting Director of ICE Todd Lyons to appear in his courtroom over flouted immigration orders.

Blanche argues the judges’ comments reference cases that remain pending or are still being appealed, a “flagrant violation” of the department’s view of the code of judicial conduct. The complaint demands that the Court of Appeals for the 8th Circuit investigate the judges’ conduct and that those who spoke to The New York Times recuse themselves from matters involving Homeland Security.

The Minnesota Star Tribune has also contacted Tunheim’s chambers for comment.

_____