Emil Bove, once a defense attorney for Donald Trump and now a lifetime federal appellate judge, is under scrutiny for alleged judicial misconduct. This follows shortly after he attended a rally featuring the former president in Pennsylvania.

The watchdog organization Fix the Court, which aims to promote transparency and accountability in the federal judiciary, is led by executive director Gabe Roth. Roth filed the complaint on Wednesday against Judge Bove, who serves on the 3rd U.S. Circuit Court of Appeals.

In the complaint addressed to Chief Judge Michael Chagares, it’s acknowledged that while judges can attend events where the President speaks—such as Supreme Court justices attending the State of the Union—it should have been evident to Bove that Trump’s event in Mount Pocono, Pennsylvania, was more than a mere gathering. The White House itself labeled it as a rally, which was a dynamic, political occasion inappropriate for a federal judge to attend.

The complaint highlighted several instances, noting that within 90 seconds, Trump criticized “the radical left,” and shortly afterward, falsely claimed victory in the 2020 election. He further encouraged participants to jeer at the “fake news,” hinted at a potential third presidential run, insulted former President Joe Biden, and disparaged Democrats.

Roth pointed out that there were “no reports” of Judge Bove leaving amid these controversial remarks, implying a breach of Canon 2 of the Code of Conduct for U.S. Judges, which requires judges to avoid impropriety or its appearance.

The complaint also referenced Canon 5, which advises judges to steer clear of political activities, reinforcing the argument that Bove’s presence at the rally was inappropriate.

“Attending a Trump event — and not leaving when it became clear that the speech was, in fact, a partisan rally — violates [Canon 2],” the complaint added. “Last night’s event in Pennsylvania was barely distinguishable (i.e., only temporally) from a Trump rally in 2020 or 2024, both of which were obvious political activities.”

Wondering if Bove could be impartial in matters where Trump’s name is in the case caption, Roth said the jurist “should be admonished for his behavior and should be subject to any other discipline under the Judicial Conduct and Disability Act that the Chief Judge and the Judicial Council deem fit.”

Bove, spotted by MS NOW at the Trump event, was reportedly asked why he was in attendance.

Judge Emil Bove is at President Trump’s Pennsylvania event tonight—an unusual move for a federal judge.

When asked by MS NOW off camera why he is here, he responded: “Just here as a citizen coming to watch the president speak.” pic.twitter.com/xmLDt0pBRR

— Vaughn Hillyard (@VaughnHillyard) December 9, 2025

“Just here as a citizen coming to watch the president speak,” the judge reportedly replied.

Attorney David Lat two years ago on his Substack “Original Jurisdiction” pressed Roth on characterizations in the Wall Street Journal and on the right more broadly that he heads a “left-wing outfit.”

In response, Roth acknowledged that he did work at law firms that did lean “more Democratic than Republican for sure,” but at each of these firms “I was doing bipartisan work.”

“I’ll be honest, yes, I am definitely more on the left side than on the right side. I consider myself center-left politically,” he said. “Overall, I definitely consider myself there and I definitely try to keep my own personal views out of my own work. I’m not always 100% successful at that, but I don’t know why we’re being targeted.”

“I think maybe it’s because we’re being effective at getting the message out that there needs to be greater oversight at the Supreme Court,” Roth added. “That doesn’t sit well with some people.”

Bove, who prior to his judgeship served this year as a DOJ principal associate deputy attorney general, made news for other reasons as recently as Monday. As Law&Crime has reported, hearings were set next week to inform Chief U.S. District Judge James Boasberg on whether DHS Secretary Kristi Noem should be referred for a criminal contempt prosecution.

The hearings are, in part, set to feature testimony from fired DOJ attorney and whistleblower Erez Reuveni, who alleged ahead of confirmation hearings that Bove suggested giving the courts an “f— you” if the Trump administration was blocked from carrying out mass deportations of Venezuelan nationals alleged the be gang members under the Alien Enemies Act.

Earlier this week, the sitting judge submitted a court declaration under penalty of perjury saying the DOJ has “not authorized” him to “disclose privileged information” but that he was “aware of statements” Boasberg made in court as of the evening of March 15.

Bove acknowledged that he “contributed to privileged legal advice” given to Noem through Deputy Attorney General Blanche and Acting DHS General Counsel Joseph Mazzara.

That day, a Saturday, Boasberg orally ordered the government to halt deportations and turn around any planes that were in the air. That did not happen.