District Judge Thomas Cullen, a Trump appointee from Virginia overseeing an unprecedented lawsuit targeting all 15 federal judges in Maryland, signaled doubt about the administration’s case during a recent hearing.
“I don’t have a very good poker face. You probably picked up on the fact that I have some skepticism,” Cullen told the courtroom.
The Virginia judge was brought in for the case after every Maryland federal judge was named as a defendant.
The lawsuit challenges an order by U.S. District Judge George Russell III requiring a two-business-day pause on deportations to allow migrants a hearing and due process.
Department of Justice attorney Elizabeth Hedges argued the order harms the government’s interests but declined to comment afterward.
The complaint accuses the Maryland judges of “judicial overreach” and interfering with executive authority, calling their orders “lawless” and disruptive to the democratic process.
One defendant, Judge Paula Xinis, has criticized the administration for deporting Kilmar Abrego Garcia to El Salvador before his case concluded.
She ordered his return last month, telling prosecutors they had “destroyed the presumption of regularity” in the proceedings.
Representing the judges, prominent attorney Paul Clement — once considered by Trump for the Supreme Court — labeled the lawsuit a “nightmare scenario” that should be dismissed.
The dispute comes amid broader tensions between the administration and the judiciary, including the recent firing of several immigration judges by email.
Cullen said he will rule by Labor Day, acknowledging the decision will likely face appeal. Maryland’s judges have argued the case threatens the independence of the federal court system.
“This is an extraordinary action,” Clement said, “and it should be dismissed.”
