The Florida Bar has officially rejected a plea from leftist groups and former judges to investigate a Department of Homeland Security lawyer for criticizing rogue judges.
In an Aug. 18 letter obtained by Fox News’ Bill Melugin, the state bar shot down a request to probe DHS General Counsel James Percival. The organization said that it does not “investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office,” and that such prospective actions “could encroach on the authority of the federal government concerning these officials and the exercise of their duties.”
As The Federalist previously reported, the left-wing Democracy Defenders Fund (DDF), Lawyers Defending American Democracy, and 128 former state and federal judges filed the Aug. 18 complaint against Percival because of a July 23 X thread. In his posts, Percival described rogue judges’ overreaching actions in several immigration-related cases involving the administration and how they conflicted with its policy agenda.
The left-wing groups and former judges claimed that Percival’s posts and accompanying media commentary on the subject “constitute[d] serious professional misconduct.” In demanding an investigation, they further accused him of “threaten[ing] the rule of law and increas[ing] the risk of violence against judges.”
The leftists’ complaint prompted pushback from Florida Attorney General James Uthmeier, who asked the Florida Bar to dismiss the “meritless” complaint last week. The Republican official said that one does not have to agree with Percival’s criticisms to acknowledge that they do not violate existing bar rules.
“Preserving judicial integrity does not require silencing sharp criticism. Judges who are faithful to the Constitution and render high-quality legal opinions do not need to suppress disagreement,” Uthmeier wrote. “But when the courts routinely exceed their authority, misapply the law, and produce destructive results, no attorney should be required to remain silent under threat of professional discipline.”
The Florida Bar declared that the matter involving the complaint against Percival to be “closed as of the date of this letter.” The organization noted that the left-wing parties may file their complaint once Percival “no longer serves in such a position.”
Percival responded favorably to the news of the complaint’s dismissal by posting a meme on X of his face pasted on the body of Gandalf the White, a character from The Lord of the Rings. The tweet included the caption, “Me after defeating 128 former judges.”
The complaint against Percival is the latest in the left’s ongoing “barfare” against conservative lawyers and their ability to practice law. Other attorneys targeted in recent years include John Eastman, Jeff Clark, and Ken Paxton.
