Judge Ross Declines to Comment as DOJ Motion Triggers Wednesday Hearing Delay Request

Judge Ross's office issued a statement through the Associated Press on Tuesday: "Judge Ross has no comment right now."

The statement came after the DOJ formally filed for recusal. A person in Ross's chambers told the AP the judge was unavailable. CNBC reported that two of Ross's clerks were contacted this week and asked to relay a request for comment. Ross did not respond.

The Hearing Delay

Ross had a hearing scheduled for Wednesday in the DOJ's lawsuit against Georgia Secretary of State Brad Raffensperger over election records, according to ABC News. The Justice Department has asked to delay that hearing because of the pending recusal motion. The entire election records dispute is now on hold while the judge's fitness to preside gets sorted out.

The Underlying Case

The DOJ sued Raffensperger for refusing to hand over statewide voter rolls as part of a federal election integrity probe, according to CNBC and ABC News. Raffensperger says Georgia law prohibits releasing voters' confidential personal information unless specific conditions are met — conditions he says the federal government hasn't satisfied. He told the DOJ he already sent them the public portion of the voter roll back in December.

The dispute centers on whether the federal government has met the legal threshold to access that data.

What the DOJ Filed

The DOJ's motion — filed in U.S. District Court in Atlanta on Friday, May 30 — quoted directly from the Eleventh Circuit Judicial Council's findings. The council found a "Subject Judge" committed judicial misconduct by attending a "partisan and political event," according to CNBC. The council also found that judge had sex in the courthouse with a high-ranking uniformed police officer within earshot of staff, and initially lied when confronted about the allegations. The penalty was a "private reprimand."

The DOJ's language was direct: "A judge who attended a party celebrating the election of a Democrat best known for prosecuting a Republican President for alleged election interference cannot then preside over a case concerning that President's efforts to ensure election integrity."

The event in question was reportedly Fani Willis's May 2024 victory party after her Democratic primary win. Willis is the Fulton County DA who brought the Georgia RICO case against Trump.

What the DOJ Does Not Claim

The DOJ does not claim to have independently confirmed that Ross is the judge described in the Judicial Council's findings, according to CNBC. They're relying on media reports. AP and ABC News have also not independently confirmed it.

Ross has neither confirmed nor denied being that judge.

The DOJ is asking a judge to recuse herself based on reporting they haven't verified. Under federal law, the appearance of bias standard doesn't require proven guilt. It requires asking whether a reasonable person would question the judge's impartiality.

Coverage Differences

Fox News ran an opinion piece from Mike Davis calling for Ross to leave the bench entirely — going beyond the recusal question into demanding her resignation.

AP and ABC News are noting what hasn't been confirmed, but both outlets are spending more words on Ross's biography and Obama nomination than on the substance of the voter roll dispute at the center of the case.

The Structural Problem

Ross is a federal judge with a lifetime appointment. The only removal mechanism is impeachment by Congress, according to ABC News. A private reprimand from the Judicial Council is the extent of disciplinary action available.

The Wednesday hearing delay means Americans waiting for clarity on how the federal government can access voter data are now stuck waiting longer as the recusal question plays out in court.