Main: Fulton County District Attorney Fani Willis testifies during a hearing on the Georgia election interference case, Thursday, Feb. 15, 2024, in Atlanta (Alyssa Pointer/Pool Photo via AP). Right inset: U.S. District Judge Eleanor Ross (U.S. District Court).
The Department of Justice (DOJ) has issued a stern ultimatum to a federal judge overseeing a lawsuit about Georgia’s voter rolls, demanding that she recuse herself by Wednesday evening. This demand comes in the wake of a growing scandal that has raised concerns about the judge’s impartiality.
In a succinct filing on Monday, the DOJ expressed frustration with U.S. District Judge Eleanor Ross for not ruling on a motion to disqualify herself by a previously set deadline of Friday. The DOJ has now established a firm deadline of 5 p.m. on Wednesday for her decision.
The DOJ’s filing argued that Judge Ross’s presence at a political event created an impression of bias, which necessitates her stepping down from the case. The event in question was related to the reelection campaign of Fulton County District Attorney Fani Willis. This event was highlighted in a private reprimand directed at Judge Ross.
Fani Willis, a Democrat, had previously attempted to prosecute former President Donald Trump in a wide-ranging election interference case. Judge Ross, appointed by former President Barack Obama, is currently handling the DOJ’s lawsuit against Georgia’s Republican Secretary of State, Brad Raffensperger, concerning the release of a complete and unedited statewide voter registration list.
Willis was removed from the Trump case due to a significant appearance of impropriety, which effectively halted the prosecution. Now, the DOJ is intensifying its efforts to have Judge Ross disqualified, warning that it may seek the “drastic” and “extraordinary” step of mandamus relief from the 11th U.S. Circuit Court of Appeals if she does not recuse herself.
“For the reasons explained in the Motion for Emergency Ruling, any further delays in this lawsuit prejudice the United States. Accordingly, the United States plans to file a petition for a writ of mandamus,” the government said.
A writ of mandamus, if granted, would force Ross to make a decision, a process that has played out in other high-profile matters within the 11th Circuit.
In recent days, Ross has additionally faced scrutiny for “engaging in an extramarital affair with a high-ranking law enforcement officer and having sexual intercourse in the judge’s chambers during business hours within hearing distance of staff” and by “making false statements to the Chief Circuit Judge and Chief District Judge that were material to the investigation of the allegations.”
The officer was reportedly identified by Bloomberg Law as Atlanta Police Department Deputy Chief Kelley Collier; Ross is married to DeKalb County Judge Brian K. Ross, with whom she has two daughters.
Critics are also outraged that Ross’ identity was hidden by the judicial council in a private reprimand, leaving news organizations to do the legwork. Ross’ vague apology to clerks also sparked criticism, so much so that she issued a new and specific apology.
“I am writing to you for a second time to convey my deepest apologies for my harmful, offensive, and unprofessional behavior that made your clerkship an unpleasant experience. My initial letter was entirely deficient, as I did not take full accountability for my actions, and I failed to give you the apology that you deserve,” the do-over apology said, according to The New York Times. “I am profoundly sorry for exposing you to my inappropriate personal relationship during your clerkship, and for the harm that I have caused you. My actions were patently wrong, and there is no excuse. You deserved better than to have your experience marred by my own offensive conduct. I apologize for not affording you an opportunity to serve the public in a professional atmosphere where everyone was always treated with respect and courtesy. I also want to convey my deepest apologies to you for my false accusation against you. Again, I have no excuse and immensely regret my behavior.”
In her previous apology, Ross said: “Thank you for your contributions to our court during your clerkship. I convey my deepest apology for not taking steps to ensure that it was a more positive experience. I wish you all the best in your future legal endeavors and in life.”
Intervenors the Black Voters Matter Fund, represented by the law firm of Democratic Party election lawyer Marc Elias, have argued that the DOJ is engaged in a sideshow meant to distract from losses in “eight district courts.”