Background of the Complaint

FIRST ON FOX: U.S. District Judge Christopher Cooper is facing a judicial misconduct complaint from the conservative watchdog group, Center to Advance Security in America (CASA). The group argues that Cooper should have recused himself from a lawsuit concerning President Donald Trump‘s effort to rename the Kennedy Center.

Allegations of Conflict

CASA claims that Cooper should have disqualified himself from the case due to his wife, Amy Jeffress’, history of representing what is described as “anti-Trump” clients. In May, Judge Cooper ruled against Trump, permanently blocking the renaming of the Kennedy Center in response to a lawsuit filed by Rep. Joyce Beatty, a Democrat from Ohio.

On Wednesday, CASA submitted a complaint to the U.S. Court of Appeals for the District of Columbia Circuit, arguing that Cooper failed to disclose or recuse himself, despite substantial financial and professional interests that stemmed from his wife’s involvement in litigation against Trump. “CASA is filing a judicial complaint against Obama-appointed DC District Court Judge Christopher Cooper for his potentially unethical behavior after his failure to recuse himself from the frivolous Kennedy Center lawsuit filed against President Trump, given his wife’s financial interests in opposing President Trump’s agenda through litigation,” said Curtis Schube, CASA’s Director of Research and Policy.

Responses from Trump and Legal Experts

This complaint follows recent remarks from Trump, who criticized Cooper for having a “conflict of interest” due to his wife’s track record of advocating for Trump’s political opponents. Notably, Jeffress has represented former FBI attorney Lisa Page, who was involved in investigations related to Trump, and is currently representing President Joe Biden in litigation against Trump’s Justice Department over the release of certain interview recordings.

“Cooper’s wife is a longtime Democrat activist and attorney Amy Jeffress. There was a clear need for Cooper to recuse himself from this matter, or at the very least disclose these conflicts,” Schube stated. He emphasized the importance of maintaining public confidence in the judiciary and suggested that by failing to do so, Cooper may have caused an appearance of impropriety warranting further investigation.

Substance of the Complaint

The CASA complaint does not contest the merits of Cooper’s ruling but raises concerns about his impartiality, arguing that it conflicts with the federal judiciary’s Code of Conduct. The complaint warns against a scenario where a sitting federal judge did not recuse himself from a case benefiting him and his spouse financially. “Indeed, a large portion of his wife’s business model appears to rely on handling litigation that is anti-Trump in nature,” the filing states.

CASA claims that Cooper may have violated Canon 1 of the Code, which mandates judges to uphold the integrity and independence of the judiciary. The organization contends that Cooper’s spousal relationship undermines this integrity, asserting, “Judge Cooper, presumably, goes home every night to his wife whose career is predicated on suing President Trump.”

Constitutional and Ethical Standards

Moreover, CASA argues that Cooper violated Canon 2, which requires judges to avoid situations that might create an appearance of impropriety. The complaint details that both public confidence and the influence of spousal relationships on judicial conduct are present in this case.

The complaint also mentions Canon 3, demanding that judges remain fair and impartial, asserting that recusal is warranted when a judge’s spouse’s interests pose potential partisan influences raised in the public eye. The filing culminates with a call for the D.C. Circuit to investigate Cooper to determine if disciplinary action is necessary.

About Judge Christopher Cooper

Appointed by President Barack Obama, Cooper has served on the U.S. District Court for the District of Columbia since 2014. He has been subjected to accusations of conflicts of interest from Trump and his supporters in the past, particularly during Special Counsel John Durham’s investigation into the FBI’s Crossfire Hurricane investigation concerning alleged collusion between Trump and Russia.

Critics pointed out that Cooper ought to have recused himself during the prosecution of former Clinton campaign attorney Michael Sussmann since his wife represented Lisa Page, a figure integral to the investigation.