Justice Department Seeks Judge Eleanor Ross Recusal in Georgia Case
The Justice Department asked U.S. District Judge Eleanor Ross to step aside on Friday from a Georgia election-related lawsuit, saying reports about her past conduct create the appearance of bias in the case before her. The filing also asked to postpone a Wednesday morning hearing in Ross's courtroom on Brad Raffensperger's request to dismiss the suit.
Ross and the Georgia lawsuit
The case centers on the government's effort to obtain Georgia's unredacted voter registration list from Secretary of State Brad Raffensperger. The Trump administration filed the lawsuit in January, saying Raffensperger refused to hand over the list in violation of the Civil Rights Act. Ross was assigned to the case after being appointed as a federal judge in 2014 by then-President Barack Obama.
The Justice Department said Ross's reported appearance at an election event for Fulton County District Attorney Fani Willis raised bias concerns. It wrote, "This reported misconduct necessitates Judge Ross’s recusal because, if Judge Ross is indeed the subject judge, it creates the appearance of bias." The filing also said, "A judge who attended a party celebrating the election of a Democrat best known for prosecuting a Republican President for alleged election interference cannot then preside over a case concerning that President’s efforts to ensure election integrity."
Reports cited by the filing
The filing referenced reports that Ross had been privately reprimanded for a two-year affair with a high-ranking police officer. It said the judge and the officer had sex in the judge's chambers multiple times during work hours and within earshot of staff. The Justice Department said that sexual activity was not the subject of its motion. It also said the reprimanded judge was punished for attending a political campaign event for a district attorney and initially lying to more senior federal judges investigating a complaint.
On Thursday, the Atlanta Police Department said it was investigating whether the officer involved in the affair is an employee. On Friday, the clerk of the U.S. District Court for the Northern District of Georgia said Ross had no comment on reports that she is the judge reprimanded by the U.S. Court of Appeals for the 11th Circuit.
Wednesday Morning Hearing
Ross did not respond Saturday to an inquiry about the recusal request. The Justice Department's motion leaves the hearing on Raffensperger's dismissal bid tied to the recusal issue, with the judge's role now the first procedural question in the case.
