Justice Department Seeks Recusal of Judge in Georgia Election Records Lawsuit
The Department of Justice filed a motion Friday asking U.S. District Judge Eleanor Ross to step aside from its lawsuit against Georgia Secretary of State Brad Raffensperger over access to state election records.
cnbc.comThe Department of Justice on Friday asked U.S. District Judge Eleanor Ross to recuse herself from a lawsuit seeking Georgia election records, citing media reports that she attended a May 2024 victory party for Fulton County District Attorney Fani Willis.
The motion states that attendance at the event would create an appearance of bias because Willis prosecuted President Donald Trump in a case alleging conspiracy to overturn Georgia's 2020 election results. The filing notes that the Eleventh Circuit's Judicial Council previously disciplined an unidentified judge for attending a partisan political event and for other conduct.
The Justice Department is suing Georgia Secretary of State Brad Raffensperger for refusing to turn over election records as part of a federal review of the state's compliance with election law. The case remains pending in federal district court in Georgia.
Ross, appointed in 2014, has not responded to inquiries about whether she is the judge identified in the disciplinary matter. The Department of Justice filing does not claim to have independently confirmed her identity.
Details in the Recusal Motion The motion quotes disciplinary findings that the unidentified judge consumed martinis at a victory party for a district attorney and later referenced the event to staff. A photograph from Willis's May 2024 primary victory event appears to show Ross in the background.
The Department of Justice argues that no prior reported decision involves a sitting federal judge attending an election party for a partisan candidate. It states that Ross must recuse herself from any case an objective observer would view as implicating partisan or electoral politics.
" — Department of Justice motion, May 30, 2026 (CNBC) Ross previously worked as a senior assistant district attorney in the Fulton County office from 1998 to 2002. The sanctions imposed on the unidentified judge included writing apology letters to former law clerks and agreeing not to seek the chief judge position or serve on Judicial Conference committees.
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- The Washington Times reported: The Committee on Judicial Conduct and Disability of the Judicial Conference of the United States affirmed the 11th Circuit's order on May 22.
- Cnbc reported: Fani Willis prosecuted Donald Trump and 18 others in Fulton County for alleged interference in the 2020 Georgia presidential election.
- Cnbc reported: A photo from Fulton County DA Fani Willis's primary election victory party in May 2024 appears to show Eleanor Ross standing in the background holding a martini glass.
- The Washington Times reported: Ross has scheduled a hearing in the election records case for Wednesday; the DOJ has asked to delay it pending the recusal decision.
- Cnbc reported: Three former clerks recalled the judge saying she had consumed martinis at a victory party for a District Attorney.
- The Washington Times reported: Eleanor Ross was nominated by President Barack Obama in January 2014 and confirmed by the Senate in November 2014.
- Cnbc reported: The DOJ motion states that a judge who attended a victory party for Fani Willis cannot impartially preside over a case concerning Donald Trump's efforts to ensure election integrity.
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