A Trump-appointed federal judge is facing scrutiny after attending President Donald Trump’s speech in Pennsylvania this week, prompting a formal ethics complaint and reigniting debate over political conduct in the judiciary.
Judge Emil Bove, recently confirmed to the 3rd Circuit Court of Appeals, has quickly become the focus of a dispute over what constitutes acceptable judicial behavior.
Bove attended Trump’s Tuesday event in Mount Pocono and told reporters he was “just here as a citizen coming to watch the president speak.”
The speech, initially billed as an economic address, shifted into Trump-style partisan rhetoric, including attacks on former President Joe Biden, congressional Democrats and Minnesota Gov. Tim Walz (D), alongside commentary on immigration and national security, according to Forbes.
The following day, Fix the Court filed a judicial misconduct complaint, claiming Bove violated multiple provisions of the Code of Conduct for U.S. Judges.
The group, founded under the New Venture Fund managed by Arabella Advisors, argued Bove should have realized the event was politically charged.
“It should have been obvious to Judge Bove, either at the start of the rally or fairly close to it, that this was a highly charged, highly political event that no federal judge should have been within shouting distance of,” wrote executive director Gabe Roth.
The complaint cites Canon 2, which instructs judges to avoid “impropriety and the appearance of impropriety,” and Canon 5, which says judges should refrain from political activity.
Roth said Bove’s decision to remain after Trump’s remarks turned partisan crossed a clear ethical line.
The White House dismissed the criticism. Communications director Steven Cheung labeled it “pearl-clutching” and added, “In your world, you’d rather give rights to illegal criminals over Americans.”
Republicans also defended Bove, noting the event was an official White House function highlighting “kitchen table issues that impact all Americans.”
Democrats condemned the appearance. Senate Judiciary Committee ranking member Dick Durbin called it “outrageous,” adding, “Mr. Bove is a loyalist to President Trump, but I had hoped… he would show better judgment.”
Durbin said the episode reinforces his earlier objections to Bove’s confirmation.
Legal experts are split, according to Bloomberg Law.
NYU professor Stephen Gillers said the partisan tone made Bove’s presence inappropriate, while Fordham law professor Bruce Green called it “a terrible misjudgment.”
George Mason University professor Robert Luther countered that the ethics code does not bar attendance at civic events and noted Trump is not a candidate.
“He’s simply participating in civic life,” Luther said.
Reuters notes that such ethics disputes are not limited to conservative judges.
Senior U.S. District Judge Michael Ponsor, a Clinton appointee, was found to violate ethics rules after publicly criticizing another justice in an op-ed.
In another instance, a federal judge admitted breaching conduct rules by speaking at a politically affiliated club event, prompting corrective action.
These examples demonstrate that judicial conduct rules are enforced across the ideological spectrum.
Bove’s attendance comes as he also faces scrutiny over his Justice Department work.
He acknowledged providing “privileged legal advice” regarding the transfer of Venezuelan migrants to El Salvador despite a court order but said DOJ did not authorize disclosure.
Bove’s prior DOJ role drew criticism, including allegations—denied by him—that he encouraged lawyers to ignore immigration-related court orders.
He was confirmed 50–49, with two Republicans opposing. Fix the Court’s complaint now moves to the Judicial Council, which may admonish or discipline him, though only Congress can remove a federal judge.
The group is urging action, intensifying a debate over judicial ethics in Trump’s second term.
