Article III Project Alleges Judicial Misconduct. complaint 4th Circuit Against Judge Wynn. Yesterday I wrote about Wynn’s “brazenly partisan” withdrawal of his intention to take the high office because Trump won. But the truth was much worse than I knew. The complaint is as follows:
In January 2024, Judge Wynn announced his intention to assume senior leadership once a successor is confirmed.1 In March 2024, he attended a ‘retirement celebration’ in his honor and prepared to deliver President Obama’s speech nominating Judge Wynn. It was read to the crowd.
Is it common for the president who appointed a judge to make a statement when the judge leaves office? When Justice Kim Gibson, for whom I clerked, ascended to higher office, there was a statement read by Circuit Judge Alito (who went to the same high school as Justice Gibson). I thought that was pretty appropriate. But a former president? From nomination to retirement, Judge Wynn was an Obama judge.
As we now know, he never retired. The complaint clearly states:
Considering the timing of his announcement, the fact that he celebrated his retirement nine months ago, and the lack of any other explanation provided, makes it clear that Judge Wynn’s decision to cancel his announcement was likely made because of the results of the 2024 presidential election. . In fact, the media is already reporting that Judge Wynn has changed his mind as a result of the election.5 Worse still, the timing of Judge Wynn’s letter comes so soon after Judge Park Geun-hye’s unnecessary resignation. adjustment To create a misunderstanding between Judge Park Geun-hye, Judge Wynn, and the White House that it was Park Geun-hye’s meaningless resignation, rather than the results of the 2024 election, that caused Judge Winn to change his mind.
To be sure, the judiciary has the authority to determine what communications took place between Wynn, the Senate and the White House. If Judge Newman needs to undergo a medical examination, Judge Wynn can turn over his emails and phone records.
Let’s assume the facts are as stated. What is the solution? I think Judge Wynn may actually be forced to take on a senior position to avoid the appearance of impropriety. Or he could be forced to recuse himself from all cases involving the Trump administration. Justice Ginsburg apologized after calling President Trump a “fake.” refused to dismiss. However, as we are often reminded, lower courts are subject to enforceable codes of ethics.
Professor Rob Leider suggested Trump should nominate someone and have the Senate confirm it.
This is a major issue of separation of powers and is likely unconstitutional. The president selects the judges. The judge does not appoint a successor.
President Trump must nominate someone for his seat, and the Senate must confirm it. https://t.co/xuw9P9Dgm8
— Robert Leider (@LeiderRob) December 15, 2024
Another colleague wrote that Congress should pass an appropriations privilege that, despite other legal provisions, no money can be spent on staff or judges’ offices that withdraw requests for high-ranking positions. from now on, Judicial reform in both countries You can solve this problem.
Of course, hiding behind it is 6th Circuit Judge Strench. Especially after the Judge Winn incident, if she withdraws her request for a high-ranking position, her appearance in politics will become that much worse.
