Skip to main content
The judge overseeing a major legal battle over the Trump administration’s move to deploy U.S. troops to Portland has recused himself from the case, after lawyers for the federal government on Thursday suggested his marriage to a U.S. representative who has been outspoken on the matter would cause members of the public to question his impartiality.
Oregon has sued to block the federal deployment of 200 Oregon National Guard troops in Portland—a process the Pentagon on Wednesday said was underway, but which Oregon leaders describe as not only unnecessary, but unlawful.
In line with general practice in U.S. district courts, the Oregon U.S. District Court says it randomly assigns cases to judges in accordance with its case management policy. According to the court docket, U.S. District Judge Michael H. Simon was assigned to the case, State of Oregon v. Trump, on Sunday, soon after the suit was filed.
Simon is married to U.S. Rep. Suzanne Bonamici (D-Ore.) As U.S. government lawyers pointed out in a legal filing Thursday morning, Bonamici has been outspoken in arguing that the troops should not come to Portland.
She signed a letter characterizing the Trump administration’s move as an abuse of power that seeks to incite violence. Lawyers note that she also criticized the president’s move at a media event in Portland this weekend.
“Judge Simon’s and Representative Bonamici’s spousal relationship, the Representative’s official correspondence with Defendants and public comments can be expected to cause reasonable members of the public to question Judge Simon’s impartiality,” the U.S. government lawyers argued in a court brief.
Later Thursday, Simon did as suggested.
“Although the Court does not believe that recusal is required under either federal law or the Code of Conduct for United States Judges, because it is necessary that the focus of this lawsuit remain on the critically important constitutional and statutory issues presented by the parties, the undersigned U.S. District Judge hereby recuses himself,” the judge said in a court order.
The case, he added, has been randomly reassigned to U.S. District Judge Karin J. Immergut. Simon said that, unless otherwise directed by Judge Immergut, the hearing on the case will be heard as scheduled on Friday.
Asked earlier if Bonamici thought her husband should recuse himself from the case, a spokesperson responded that the “Congresswoman will not be commenting on this.”
Reached by phone Thursday before Simon recused himself, the judge’s courtroom deputy, Mary Austad, said the judge wouldn’t comment on any cases pending before him other than in rulings from bench or in written opinions.
Oregon is asking the court issue a temporary restraining order blocking the mission to Portland, and has argued time is of the essence.
This story has been updated.
