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Two senior federal judges, both appointed by Republican presidents, spoke out Tuesday against threats of violence and impeachment against their colleagues in the judiciary.
“Threats against judges are threats against constitutional government. Everyone should be taking this seriously,” said Judge Richard Sullivan, whom President Donald Trump appointed to the federal appeals court in New York.
Billionaire Elon Musk and other Trump allies have railed at judges who have blocked parts of Trump’s agenda, threatening impeachment and launching personal attacks. The Federal Judges Association, the largest such organization, issued a rare public statement decrying “irresponsible rhetoric shrouded in disinformation” that could undermine public confidence in the judiciary.
Sullivan joined Judge Jeffrey Sutton of the federal appeals court based in Cincinnati, Ohio, in a call with reporters following a meeting of the Judicial Conference, the judiciary’s governing body.
Security for judges in courthouses and their homes was part of the discussion in the closed-door meeting, Sullivan and Sutton said.
“We allocate disappointment to half the people that come before us. Criticism is no surprise as part of the job. But I do think when it gets to the level of a threat, it really is about attacking judicial independence. And that’s just not good for the system or the country,” said Sutton, who was appointed to the bench by President George W. Bush.
Both judges stressed that threats have been rising for years and neither mentioned Musk or Trump. Chief Justice John Roberts also devoted his year-end report to efforts to undermine judicial independence through intimidation, disinformation and the prospect of public officials defying court orders.
Congress is not giving judges as much as they say they need for security, the judges said. Funding has been “flat” for the past two years, Sullivan said.
“Which means we’re not even keeping up with inflation in an environment that is always changing and challenging,” he said.
On impeachment talk, Sullivan said that parties to lawsuits get multiple cracks at the system, from the trial court to the Supreme Court.
“Impeachment is not, it shouldn’t be a short-circuiting of that process. And so it is concerning if impeachment is used in a way that is designed to do just that,” he said.
