The DOJs motion was rife with innuendo but didnt come close to meeting the standard for disqualification, Judge Howell wrote.
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-perkins-coie-judge-howell-recusal-rcna198341
When the Trump Justice Department moved to disqualify U.S. District Judge Beryl Howell from the Perkins Coie law firm case last week, I noted that theres a high bar for such motions and that Howell would likely reject the attempt. She did so Wednesday, in a scathing ruling that said the governments argument was rife with innuendo but that none of the claims put forward come close to meeting the standard for disqualification.
The DOJ filed the disqualification motion after Howell issued a temporary restraining order against one of President Donald Trumps executive orders targeting firms he doesnt like. Litigation is set to continue on the Perkins Coie matter in Howells court in Washington, D.C., but after losing on the restraining order, the government wants a new judge. The disqualification motion argued that the Obama appointee has repeatedly demonstrated partiality against and animus towards the President in past cases as well as this one.
But Howell observed, citing Supreme Court precedent on recusals, that mere disagreements with the prior legal rulings of this Court do not constitute a valid basis for disqualification.....
To be sure, trying to disqualify a judge in court is a legally permissible endeavor. But in calling a high-profile judges fairness toward the president into question based on rulings in politically potent cases, it inevitably straddles the political sphere. Indeed, responding to a line from the DOJs motion that stressed the need to curtail ongoing improper encroachments of President Trumps Executive Power playing out around the country, Howell wrote that it sounds like a talking point from a member of Congress rather than a legal brief from the United States Department of Justice.
True enough. But the DOJ probably didnt write that line to win Howell over. That doesnt mean the motion was solely a political writing even if it was never going to succeed at least not at the trial level. In fact, the administration has pressed several appeals to the Supreme Court in which it has adopted a similar framing of stubborn trial judges unduly impeding the Trump agenda. On the judicial front, then, the justices might be the DOJs ultimate audience though, so far, even that audience hasnt been too receptive to the administrations efforts.