James Percival, the Department of Homeland Security's general counsel, posted a new series on X titled "Worst of the Worst, District Judge Edition." He named four federal judges by name, listed their rulings, and explained how each one has blocked the Trump administration's immigration enforcement. The media's reaction was immediate and predictable.
Apparently, government transparency is only a virtue when it's aimed at Republicans.
Percival identified the four judges he says are responsible for repeatedly sabotaging lawful deportation operations. Judge Brian Murphy of Boston, a Biden appointee, stopped a deportation flight bound for Djibouti carrying eight individuals — including men convicted of child rape and sexual assault of disabled persons. Judge Matthew Kennelly of the Northern District of Illinois, a Clinton appointee, issued an order pausing the termination of Temporary Protected Status for Burmese nationals, despite the Supreme Court vindicating the administration's TPS authority four separate times and a Seventh Circuit reversal just days earlier. Judge Paula Xinis of Greenbelt, Maryland, an Obama appointee, blocked the removal of Kilmar Abrego Garcia and then ordered his release. And Judge Hernan Vera of Los Angeles, another Biden appointee, has been micromanaging ICE's use-of-force policies and reclassifying protesters as "legal observers."
"There are particular judges who are a problem in case after case after case," Percival wrote.
The facts back him up on at least one count. In Judge Murphy's case, Justice Elena Kagan — not exactly a MAGA stalwart — sided with the Trump administration. When a liberal Supreme Court justice says a lower court judge got it wrong on immigration enforcement, that's not a close call.
As Chad Mizelle, former acting general counsel of DHS and former chief of staff to the Attorney General, wrote in The Blaze, the administration is calling out judicial activism by name, and the press corps cannot handle it. The same media institutions that spent years demanding transparency on every Trump associate, every phone call, every classified document suddenly think the public doesn't need to know which federal judges are blocking the deportation of convicted criminals.
A retired Nevada federal judge, Philip Pro, called Percival's social media post "terribly disappointing" and "irresponsible," warning that naming judges publicly could amplify threats. Left-wing legal groups are raising similar concerns about judicial independence. Which is an interesting objection to raise about Senate-confirmed Article III judges issuing public rulings from public courtrooms. Their names are already on the decisions. Percival just made sure people actually read them.
The press demanded the names of every Border Patrol agent involved in enforcement operations. They wanted the names of ICE officers. They wanted internal DHS memos. Now a DHS official publishes the names of four judges — information already on the public docket — and suddenly naming names is a threat to democracy.
Transparency used to be the media's entire product. Now it's only acceptable when it embarrasses the right people.