He rebuked Trump now Judge Reggie Walton Rebuked by D.C. Circuit in J6 Case
D.C. Circuit Judge Reggie Walton recently caused a stir in Washington after doing an interview with CNN in which he rebuked former President Donald Trump for his criticism of judges and their family members. Now, Judge Walton has been criticized by the United States Court of Appeals for the District of Columbia for a surveillance order of the computer of a January 6th defendant to detect any spreading of “disinformation” or “misinformation.”
Critics charged that Walton’s interview with CNN ran afoul of Canon 3A(6) of the Code of Conduct for United States Judges, which states: “A judge should not make public comment on the merits of a matter pending or impending in any court.”
The issue of these public statements by Trump is currently pending before both state and federal courts, including proceedings in the District of Columbia. At a minimum, Judge Walton’s interview showed poor judicial judgment and only reaffirmed the distrust and suspicion of many over the independence of the court system in addressing these controversial cases.
Judge Walton previously called Trump a “charlatan,” and said that “I don’t think he cares about democracy, only power.” I have previously criticized Trump for public comments against judges and believe that such matters should be primarily raised in court filings. Nevertheless, I have serious objections to the scope of these gag orders on free speech grounds, particularly before an election that could turn in large part on allegations of the weaponization of the legal system. Moreover, we now have a judge who feels the same license to make such criticisms in the media despite the ongoing litigation of these matters.
That alleged transgression, however, pales in comparison to a failure to protect the rights of this defendant from the abusive or unsupported surveillance of the government. The order reflects the utter impunity shown by the Justice Department in its pursuit of January 6th defendants. Justice Department official Michael Sherwin proudly declared in a television interview that “our office wanted to ensure that there was shock and awe … it worked because we saw through media posts that people were afraid to come back to D.C. because they’re, like, ‘If we go there, we’re gonna get charged.’ … We wanted to take out those individuals that essentially were thumbing their noses at the public for what they did.” snip