A court official has dismissed a Justice Department complaint that accused a federal judge of “hostile and egregious” misconduct during hearings for a lawsuit challenging President Donald Trump’s ban on transgender troops serving in the military.

The complaint accused U.S. District Judge Ana Reyes in Washington, D.C., of inappropriately questioning a government lawyer about his religious beliefs and of trying to embarrass the attorney with a rhetorical exercise during a February hearing.

In a Sept 29 order that wasn’t made public until Monday, Chief Judge Sri Srinivasan of the U.S. Court of Appeals for the District of Columbia Circuit dismissed the complaint. Srinivasan said a motion for Reyes’ recusal would have been the proper means for the Justice Department to contest her impartiality and seek her removal from the case.

The department didn’t explicitly ask for Reyes’ removal from the transgender troops’ litigation. And it didn’t file a petition for a review of the chief judge’s order, which didn’t reach any conclusions about the merits of the complaint’s allegations.

“If a party that believes a judge’s conduct in a case raises serious questions about her impartiality were to press its concerns in the ordinary way — by seeking her recusal in the case itself — the standards for resolving the matter are well established,” Srinivasan wrote.
The Justice Department had no immediate comment on Tuesday. Reyes declined to comment on the chief judge’s order or the department’s complaint.
The complaint was filed by Attorney General Pam Bondi’s then-chief of staff, Chad Mizelle, who has since left the department. Mizelle claimed Reyes’ behavior “compromised the dignity of the proceedings and demonstrated potential bias.”
“When judges demonstrate apparent bias or treat counsel disrespectfully, public confidence in the judicial system is undermined,” he wrote.

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