The Trump administration has filed a motion to disqualify U.S. District Judge Beryl Howell from overseeing a high-profile lawsuit brought by the law firm Perkins Coie LLP, alleging that the judge’s past statements and rulings reveal a pattern of bias against President Trump and his administration.
The case, Perkins Coie LLP v. U.S. Department of Justice, challenges a recent Executive Order issued by President Trump on March 6, 2025, accusing the law firm of a “pattern of dishonest and dangerous activity” and subjecting it to unspecified federal restrictions.
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The Department of Justice has asked for Judge Howell’s removal from the case, arguing that her past involvement in matters related to the Mueller and Durham investigations—and her perceived hostility toward the President—compromise the appearance of impartiality.
“Reasonable observers may well view this Court as insufficiently impartial to adjudicate the meritless challenges to President Trump’s efforts to implement the agenda that the American people elected him to carry out,” the DOJ wrote in its motion, filed March 21.
The 8-page filing accuses Judge Howell of exhibiting “systematic hostility” toward President Trump and his supporters. It references past rulings in January 6-related cases, her involvement as chief judge during the Mueller investigation, and public comments made at a 2023 legal event where she warned of rising authoritarian threats in the U.S.—comments the DOJ claims were clearly aimed at Trump.
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The motion also highlights a controversial ruling in which Judge Howell allowed Special Counsel Jack Smith to obtain privileged communications from Trump’s attorney under the “crime-fraud exception”—a move the DOJ claims violated due process, particularly as it occurred in D.C. despite the case’s venue being in Florida.
The DOJ additionally criticized Howell’s conduct during the initial hearing on the current case, where she granted Perkins Coie’s motion for a temporary restraining order just 24 hours after the complaint was filed. During that hearing, Judge Howell reportedly made dismissive remarks about the Trump administration’s concerns regarding Perkins Coie’s role in the 2016 Fusion GPS dossier, stating that Trump had “a bee in his bonnet” over the issue.
The lawsuit centers on President Trump’s March 6 Executive Order targeting Perkins Coie, alleging the firm poses national security risks due to its past legal work—particularly its connections to the discredited Steele dossier and the Democratic Party. The order marks one of the most direct actions a U.S. president has taken against a private law firm. RELATED: Fines For Lying About The Anti-Trump Steele Dossier That Tore Nation Apart, Not Justice Many On The Right Want Or Deserve
The firm quickly challenged the order in federal court, calling it unconstitutional and retaliatory. Judge Howell’s swift issuance of a temporary restraining order halting the order’s enforcement raised eyebrows within the administration.
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The Trump administration’s motion invokes 28 U.S.C. § 455(a), the federal statute requiring judicial recusal when a judge’s impartiality “might reasonably be questioned.” The filing cites Supreme Court precedent that even the appearance of bias is sufficient grounds for disqualification.
“The very purpose of § 455(a) is to promote confidence in the judiciary by avoiding even the appearance of impropriety whenever possible,” the filing states.
The motion references public criticism of Judge Howell’s past rulings, including a 2023 incident in which she held Twitter (now X) in contempt over noncompliance with a subpoena involving Trump’s account, and questioned Elon Musk’s motives for restoring the former president’s access.
Though Judge Howell has not yet ruled on the motion, the Trump administration attached a proposed order granting the recusal and reassigning the case to another judge with no prior involvement in matters related to the Mueller or Durham probes.
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