Top DHS lawyer's attacks on judges raise alarms, spark ethics complaint
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James Percival Official Portrait at DHS Headquarters. Photo: DHS Photo by Mikaela McGee/Released.
A top Department of Homeland Security attorney has repeatedly targeted sitting judges on social media over rulings against the Trump administration, according to a new ethics complaint.
Why it matters: Experts say the attacks mark a historic break from professional ethics expectations and could expose judges to violence while undermining public trust in the judiciary.
Catch up quick: Department of Homeland Security General Counsel James Percival has repeatedly used his official government account to name district judges this summer, labeling them the "Worst of the Worst" and accusing them of "judicial sabotage."
- Percival's grievances stem from rulings against the administration's push to deport millions of undocumented immigrants.
- Nearly 130 former state and federal judges and two watchdog groups filed an ethics complaint with the Florida Bar on Wednesday calling for an investigation into Percival for allegedly violating professional conduct rules.
The intrigue: Attorneys regularly criticize judges for rulings they disagree with.
- But they also relinquish some freedom of speech because professional conduct rules restrict them from disparaging judges, Brian Tannebaum, an attorney who represents law firms before the Florida Bar, tells Axios.
Zoom in: "You cannot make reckless statements about a judge," Tannebaum says.
- "You can stand outside of the courthouse and say, 'I totally disagree with what this judge did, and we are going to appeal,' … but when you say that a judge is engaging in judicial mutiny, or judicial sabotage, … you must have a good faith basis to make those comments."
- Robert Jarvis, a legal ethics expert at Nova Southeastern University, tells Axios that "if Percival really believed that these judges were unfit, he should have filed complaints with their circuit courts," adding that he also could have asked Congress to impeach them.
Threat level: The complaint alleges Percival's comments undermine judicial credibility by suggesting judges trying to do their jobs have violated the law, eroding public trust in the justice system, Jarvis says.
- "It may not have been your intention to put out a kill list, but that is effectively what you did," he added, noting that disgruntled Americans upset with the legal system have threatened to attack and even killed family members of justices.
By the numbers: Federal judges have faced 415 threats in 2026 through Aug. 17, according to the U.S. Marshals Service, which provides judicial security.
- About 12% of active federal judges — 307 of approximately 2,500 — have been identified as threatened in protective investigations this fiscal year.
The other side: When reached for comment about the allegations, a DHS press secretary referred Axios to a Thursday post from Percival that says he will be nominating retired Florida Supreme Court Justice Peggy Quince, who is leading the complaint, "the Justice Peggy Quince Lifetime Achievement Award for Worst of the Worst Judging."
- Percival did not respond to Axios' request for comment.
What we're watching: Tannebaum says he doesn't expect the Florida Bar to open an investigation into Percival because the Bar has previously declined to investigate Trump administration officials, including a previous complaint against former Attorney General Pam Bondi.
- "If you're a member of the Florida Bar, then you should be subject to the ethics rules of the Florida Bar," he says. "I'm very concerned about the disparity that's going on right now with bar discipline."
Go deeper: Supreme Court warns Congress of rising threats, need for security
