Emil Bove, a former criminal defense attorney for Donald Trump who later became a controversial figure within the Department of Justice and is now a lifetime federal appellate judge, is facing a judicial misconduct complaint. This came just a day after he attended a rally held by the former president in Pennsylvania.

The complaint was lodged by Gabe Roth, the executive director of Fix the Court, a self-proclaimed “nonpartisan” nonprofit organization that pushes for greater transparency and accountability in the federal judiciary, especially the U.S. Supreme Court. Roth filed the complaint on Wednesday against Judge Emil Bove, who currently serves on the 3rd U.S. Circuit Court of Appeals.

According to the complaint submitted to Chief Judge Michael Chagares, while federal judges can attend events where a President speaks, Judge Bove should have recognized that Trump’s event in Mount Pocono, Pennsylvania, was not just any gathering. The rally was described as a “highly charged, highly political event,” which, according to the White House and the President’s own accounts, should have been off-limits for a federal judge.

The complaint highlights instances from the rally where Trump made several incendiary remarks. Just 90 seconds into his speech, he criticized the “radical left.” Within three minutes, he began discussing the 2020 election, falsely claiming victory, and shortly after, he urged attendees to boo at the “fake news.” The complaint also noted that Trump spoke about the possibility of seeking a third term, insulted President Joe Biden, and called Democrats “sick people.”

Roth mentioned that since there were “no reports that Judge Bove vacated his seat after hearing any of these injudicious comments,” it is evident that Canon 2 of the Code of Conduct for U.S. Judges was likely breached.

While Canon 2 states that a “Judge Should Avoid Impropriety and the Appearance of Impropriety in all Activities,” Canon 5 also says a “Judge Should Refrain from Political Activity,” the complaint said.

“Attending a Trump event — and not leaving when it became clear that the speech was, in fact, a partisan rally — violates [Canon 2],” the complaint added. “Last night’s event in Pennsylvania was barely distinguishable (i.e., only temporally) from a Trump rally in 2020 or 2024, both of which were obvious political activities.”

Wondering if Bove could be impartial in matters where Trump’s name is in the case caption, Roth said the jurist “should be admonished for his behavior and should be subject to any other discipline under the Judicial Conduct and Disability Act that the Chief Judge and the Judicial Council deem fit.”

Bove, spotted by MS NOW at the Trump event, was reportedly asked why he was in attendance.

Judge Emil Bove is at President Trump’s Pennsylvania event tonight—an unusual move for a federal judge.

When asked by MS NOW off camera why he is here, he responded: “Just here as a citizen coming to watch the president speak.” pic.twitter.com/xmLDt0pBRR

— Vaughn Hillyard (@VaughnHillyard) December 9, 2025

“Just here as a citizen coming to watch the president speak,” the judge reportedly replied.

Attorney David Lat two years ago on his Substack “Original Jurisdiction” pressed Roth on characterizations in the Wall Street Journal and on the right more broadly that he heads a “left-wing outfit.”

In response, Roth acknowledged that he did work at law firms that did lean “more Democratic than Republican for sure,” but at each of these firms “I was doing bipartisan work.”

“I’ll be honest, yes, I am definitely more on the left side than on the right side. I consider myself center-left politically,” he said. “Overall, I definitely consider myself there and I definitely try to keep my own personal views out of my own work. I’m not always 100% successful at that, but I don’t know why we’re being targeted.”

“I think maybe it’s because we’re being effective at getting the message out that there needs to be greater oversight at the Supreme Court,” Roth added. “That doesn’t sit well with some people.”

Bove, who prior to his judgeship served this year as a DOJ principal associate deputy attorney general, made news for other reasons as recently as Monday. As Law&Crime has reported, hearings were set next week to inform Chief U.S. District Judge James Boasberg on whether DHS Secretary Kristi Noem should be referred for a criminal contempt prosecution.

The hearings are, in part, set to feature testimony from fired DOJ attorney and whistleblower Erez Reuveni, who alleged ahead of confirmation hearings that Bove suggested giving the courts an “f— you” if the Trump administration was blocked from carrying out mass deportations of Venezuelan nationals alleged the be gang members under the Alien Enemies Act.

Earlier this week, the sitting judge submitted a court declaration under penalty of perjury saying the DOJ has “not authorized” him to “disclose privileged information” but that he was “aware of statements” Boasberg made in court as of the evening of March 15.

Bove acknowledged that he “contributed to privileged legal advice” given to Noem through Deputy Attorney General Blanche and Acting DHS General Counsel Joseph Mazzara.

That day, a Saturday, Boasberg orally ordered the government to halt deportations and turn around any planes that were in the air. That did not happen.