President Donald Trump’s Department of Justice has accused lesbian federal Judge Ana Reyes of misconduct for alleged bias during her questioning of a DOJ lawyer on Trump’s anti-transgender military ban last week. DOJ Chief of Staff Chad Mizelle sent a letter complaining about Reyes to Chief Judge Sri Srinivasan of the U.S. Court of Appeals for D.C. Circuit. Srinivasan, an appointee of former President Barack Obama, will decide whether to dismiss the complaint or appoint a committee of judges to investigate, Bloomberg News reported.

In a letter, Mizelle alleges that Reyes “engaged in hostile and egregious misconduct” that “compromised the dignity of the proceedings and demonstrated potential bias.” Mizelle alleges that Reyes broke the Code of Conduct for U.S. Judges when she questioned DOJ attorney Jason Lynch about whether Jesus would approve of discrimination against trans people and then “[used Lynch] as a physical prop in her courtroom theatrics” while trying to demonstrate the concept of “animus” (unfair hostility towards a group).

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Federal judge mocks Donald Trump’s “frankly ridiculous” trans military ban

During questioning, Reyes pointed out that Trump’s executive order banning trans military members referred to them as selfish, dishonorable, deceitful, undisciplined, and a threat to military readiness and lethality — or, as Reyes put it, as “liars” — because they do not adhere to the Trump administration’s belief that there are only two sexes: male and female.

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“While Judge Reyes was not sure exactly how many sexes there were, she hypothesized that could be ‘anywhere near about 30 different intersex examples,'” Mizelle’s letter states, referring to Reyes’ comment during questioning, which pointed out that Trump’s gender binary ignores the existence of intersex people. She later alluded to the fact that Trump’s executive orders require homeless shelters to refuse to house trans people according to their gender identity.

During questioning, Reyes told Lynch, “What do you think Jesus would say to telling a group of people that they are so worthless, so worthless that we’re not going to allow them into homeless shelters? Do you think Jesus would be, ‘Sounds right to me’? Or do you think Jesus would say, ‘WTF? Of course, let them in?’”

Mizelle said the question had “no relevance to the legal analysis of military policy” and “placed DOJ counsel in an
untenable position of either appearing unresponsive or speculating about… an incoherent hypothetical.” Mizelle also said that Lynch’s use of the slang “WTF” (an initialism for “what the f**k”) “sheds light on the severity of the judge’s lack of professional decorum.”

Mizelle wrote that Reyes “attempted to embarrass [Lynch] by physically directing him as part of a rhetorical exercise in front of other attorneys, court personnel, and members of the public and press.” This alleged attempt occurred, Mizelle claims, after Reyes said that Trump’s order had banned trans military members “without any support that has been given by anyone,” adding, “How is that anything other than showing animus?”

After making her comment, Reyes claimed to have made a change to her court’s rules so that no graduates from the University of Virginia (UVA), where Lynch graduated, can appear before her. “So, I need you to sit down, please,” she told Lynch. “I need you to sit down.” When Lynch did, she said that UVA graduates could no longer appear before her because “they’re all liars and lack integrity.” She asked him if her new rules were an example of animus.

“Judge Reyes’ actions diminished respect for counsel and created an intimidating atmosphere inconsistent with the proper administration of justice,” Mizelle said, asking Judge Srinivasan to investigate Reyes and take “appropriate action” to ensure that “future proceedings in this court are conducted with the dignity and impartiality the public has a right to expect.”

Reyes was questioning Lynch while trying to decide whether to place an injunction on Trump’s ban while legal challenges to it continue in other federal courts. Reyes said she would let the ban proceed and would hold an additional hearing on March 3, after Trump’s 60-day deadline for Secretary of Defense Pete Hegseth to write details explaining how the military should implement Trump’s ban.

During questioning, Reyes called the order’s assertion that trans pronoun use undermines troop effectiveness “frankly ridiculous,” telling Lynch, “If you want to get me an officer of the U.S. military who is willing to get on the stand and say that because of pronoun usage, the U.S. military is less prepared… I will be the first to give you a box of cigars.”

The ban will affect an estimated 8,000 to 15,000 trans soldiers. Two legal challenges have been filed against Trump’s ban: The first was filed at the end of January, and the second was filed near the start of February.

The second lawsuit says that the Trump administration discriminated against trans people based purely on sex “without even a legitimate justification, let alone the important, exceedingly persuasive, or compelling one required.” The lawsuit additionally says the ban “burdens and chills” the plaintiffs’ exercise of free speech, making them deny their trans identity in their professional and private lives, even though the military allowed out trans people to serve at least twice in the past. It also says the ban has unfairly destabilized their families’ lives and finances.

A 2016 study by the RAND Corporation found that the cost of trans-related medical care is exceedingly small relative to the Department of Defense’s overall healthcare costs, that trans people do not harm military readiness, and that foreign militaries have successfully enlisted trans military service members without any negative effects on effectiveness, readiness, or unit cohesion.

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