Inset: Minnesota U.S. District Judge John Tunheim (U.S. Courts). Background: President Donald Trump gestures during a reception for Republican members of Congress in the East Room of the White House on Tuesday, July 22, 2025, in Washington (AP Photo/Julia Demaree Nikhinson).
The Trump administration is seeking to remove a federal judge from a criminal case involving a noncitizen accused of attempting to vote after falsely claiming to be a U.S. citizen, according to a motion filed Wednesday.
Federal prosecutors filed the indictment in late September. The case is pending in Minnesota federal court.
The Justice Department, however, is challenging the conduct of U.S. District Judge John Tunheim, a Bill Clinton appointee, in the period shortly before the charges were brought.
The government’s motion relies on appellate precedent stating that recusal is warranted when an average person aware of all relevant facts could reasonably question a judge’s impartiality. The DOJ argues that proof of actual bias is not required under that standard.
Prosecutors contend that Tunheim’s remarks were not only “factually inaccurate,” but also amounted to an explicit political viewpoint.
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“Judge Tunheim jumped directly into the fray” by criticizing the administration’s immigration-enforcement policies in cases before him, the filing states. The DOJ further argues that his comments, including remarks published by The New York Times, were legally irrelevant and instead reflected a political judgment.
Based on those statements, the government argues that Tunheim should not preside over a case involving an immigrant because his impartiality could reasonably be questioned.
“At a minimum,” the motion says, Tunheim’s statements and involvement in the New York Times article create the appearance of bias in immigration-related proceedings. The DOJ is therefore asking him to recuse himself from the case.
The Justice Department also filed a notice Wednesday seeking a judge’s disqualification in another case assigned to U.S. District Judge Patrick Schiltz. Schiltz, appointed by George W. Bush, previously accused the Trump administration of acting in an “authoritarian” manner.
The post ‘Appearance of bias’: Trump admin moves to disqualify judge who criticized ICE for conduct during Minnesota deportation raids first appeared on Law & Crime.