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).
After attempting to impose a deadline on a federal judge to step aside from a Georgia voter rolls lawsuit in light of a deepening scandal, the DOJ has set a deadline of Wednesday evening — or else.
In a brief notice on Monday regarding U.S. District Judge Eleanor Ross, the DOJ said the jurist ignored a request to rule on whether to disqualify herself from the case by Friday, so now the deadline is 5 p.m. on Wednesday.
"Judge Ross's improper attendance at a partisan and political event gave rise to an appearance of bias necessitating her recusal," the filing emphasized, referring to the findings in a private reprimand that Ross went to a Fulton County DA Fani Willis reelection campaign-related event.
Willis is a Democrat who tried and failed to prosecute President Donald Trump in a sprawling election interference RICO action. Ross is a Barack Obama-appointed judge presiding over the government's lawsuit against Georgia's Republican Secretary of State Brad Raffensperger for a "full and unredacted" statewide "voter registration list."
Willis' disqualification from the case against Trump for her "significant appearance of impropriety" effectively ended any prospect of the prosecution moving forward. Now, the DOJ is doubling down on its pursuit of Ross' disqualification by threatening to seek the "drastic" and "extraordinary" remedy of mandamus relief at the 11th U.S. Circuit Court of Appeals.
"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."