Federal Judge Steps Down From Gaza Case Following Visit to Israel
A federal judge has confirmed in a brief that he will recuse himself from a pending case.
A federal judge has recused himself from a hearing involving Palestinian activists who are trying to block the White House’s policy supporting Israel. This hearing was scheduled months after the judge joined a group of judges on a visit to Israel following an attack on October 7.
Although he disagreed with the arguments made by the activists for his recusal, Judge Nelson stated that he would step away from the case “out of an abundance of caution.”
“I find no basis for recusal… the appellants are relying on comments made by others. They are not citing any comments made by me about issues related to this case. Therefore, it is not certain that an objective observer would question my impartiality,” he wrote. “Nevertheless, as a precautionary measure, the best course of action in this particular case (which may not apply to other cases) is to recuse myself. So, I recuse from participating in this case.”
The complaint alleged that another judge who organized the trip to Israel “later appeared on a panel alongside Judge Nelson to discuss the trip” and “implied that by bringing these federal judges, he shared the organizers’ goal of influencing legal opinion in the United States.”
Furthermore, they argued that the judge, appointed during the previous presidential administration, should recuse himself to “ensure the appearance of fairness to the parties,” as noted in their complaint filed earlier this month.
These plaintiffs have been seeking an injunction to prevent the Biden administration from supporting Israel’s military actions in Gaza following the attack on October 7, 2023, which resulted in civilian casualties and kidnappings by Hamas.
After Judge Nelson’s recusal, U.S. Circuit Judge Consuelo Callahan was assigned to hear the case along with U.S. Circuit Judges Jacqueline Nguyen and Daniel Bress.
“There are rare cases where the desired outcome is not within the Court’s reach. This is one of those cases,” he wrote. “The Court must adhere to precedent and the separation of powers to avoid jurisdiction in this matter… this Court urges Defendants to consider the consequences of their unwavering support for the military siege against the Palestinians in Gaza.”
One of the plaintiffs, the Center for Constitutional Rights, was contacted by The Epoch Times for comment on Friday.
A spokesperson for the group, Baher Azmy, told Reuters that they sought Judge Nelson’s recusal because the case “raises significant questions for our clients and the public, making the appearance of impartiality crucial.”
Meanwhile, a White House spokesman stated that the Biden administration is pushing for a three-phase cease-fire agreement with the Israeli government. President Biden recently emphasized the need to end the indefinite war in Gaza.
“Israel’s conditions for ending the war remain unchanged: the destruction of Hamas’ military and governing capabilities, the release of all hostages, and ensuring Gaza no longer poses a threat to Israel,” Netanyahu stated in a recent announcement.
The case is titled Defense for Children International-Palestine v. Biden, with the 9th U.S. Circuit Court of Appeals, No. 24-704.
Reuters contributed to this report.
