Inset: James Percival (Department of Homeland Security). Background: President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon).
The lead lawyer for the Department of Homeland Security (DHS) is now the subject of a bar complaint filed with authorities in Florida, according to a collection of nonprofit groups and former judges.
The 24-page complaint focuses on a social media post penned by James Percival, the general counsel for DHS, which contains criticism of federal U.S. district judges under the banner of the mockingly titled "Worst of the Worst, District Judge Edition."
"This list contains several statements impugning the integrity of four sitting judges based on false or mischaracterized descriptions of cases involving the Department of Homeland Security," the complaint reads. "These statements, and similar statements Mr. Percival has made about other sitting judges, not only constitute serious professional misconduct, but they threaten the rule of law and increase the risk of violence against judges."
In the initial post on X (formerly Twitter) in late July, Percival's thread singled out four district judges from across the country.
The top DHS lawyer criticizes U.S. District Judge Matthew Kennelly, a Bill Clinton appointee in the Northern District of Illinois; U.S. District Judge Allison Burroughs, a Barack Obama appointee sitting in the District of Massachusetts; U.S. District Judge Paula Xinis, an Obama appointee in the District of Maryland; and U.S. District Judge Hernan Vera, a Joe Biden appointee in the Central District of California.
In each instance, Percival's gripes concern recent immigration-related rulings that qualify as losses for the Trump administration.
Percival criticizes Kennelly and Burroughs over stay and scheduling orders in Temporary Protected Status (TPS) cases, respectively. The thread criticizes Xinis over an order in a case about ongoing efforts to deport Kilmar Abrego Garcia. Percival also criticizes Vera over an order in a case about the rights of Immigration and Customs Enforcement (ICE) protesters and legal observers in Los Angeles.
The bar complaint says these comments run afoul of Percival's obligations under the Florida Rules of Professional Conduct.
Specifically, the complaint alleges Percival violated a rule that encourages Sunshine State lawyers "to continue traditional efforts to defend judges and courts unjustly criticized."
The complaint also says Percival may have violated his obligations under a rule that says a "lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge."
The complaint suggests the social media list amounts to "statements impugning the integrity of a judge" that may work to "erode public confidence in the judicial system without assisting to publicize problems that legitimately deserve attention," citing the second rule.
The document was filed Wednesday by Democracy Defenders Fund and Lawyers Defending American Democracy, nonprofits that promote "rule of law" interests and oppose the Trump administration. The complaint was signed by 128 former federal and state judges.
"Mr. Percival's statements go far beyond normal criticism," the complaint reads. "They are unfounded ad hominem attacks that directly impugn the integrity of four sitting judges. Not only do these statements attack the foundation and legitimacy of the judiciary as a whole, but they could incite violent threats."
On the point of violence, the complaint contains commentary from U.S. District Judge Esther Salas, an Obama appointee whose son was killed at her home by a lawyer upset with her judicial work.
Salas described the list as "dangerous" and said, "DHS's counsel is, in essence, putting a bullseye on [these judges]," the complaint says.
Percival, for his part, responded to the complaint in a post on X.
"Notice the resources the Left is putting into silencing me," the DHS lawyer wrote. "Why? Judicial activism is their golden goose, and they're afraid if I keep talking about it then it will stop."
In yet another post on X, Percival criticized the top signatory on the complaint, former Florida Supreme Court Justice Peggy Quince.
"In honor of former Florida Supreme Court Justice Peggy Quince, who just filed a bar complaint against me for calling out judicial activism, I will be creating a new award," the post reads. "The award is called the Justice Peggy Quince Lifetime Achievement Award for Worst of the Worst Judging. I am now accepting nominees!"
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