WASHINGTON – The Article III Project (A3P) filed a formal complaint with the Judicial Council of the Fourth Circuit regarding potential judicial misconduct by U.S. Circuit Judge James A. Wynn. The complaint raises serious concerns about violations of the Code of Conduct for United States Judges following Judge Wynn’s abrupt decision to withdraw his earlier announcement of retirement in December 2024, immediately following the outcome of the 2024 presidential election.
Judge Wynn initially announced in January 2024 that he would assume senior status upon the confirmation of his successor. However, after the 2024 election results and the subsequent withdrawal of President Biden’s nominee Ryan Park, Judge Wynn rescinded his retirement letter on December 13, 2024, and indicated his intent to remain in active service. A3P’s complaint makes clear that this sudden reversal was politically motivated and undermines public trust in the judiciary.
“In July 2024, President Biden nominated Ryan Park to replace Judge Wynn. On November 6, 2024, Donald Trump was widely recognized as the winner and President-elect. About two weeks later, Senate Majority Leader Chuck Schumer announced a bipartisan deal for bringing certain pending judicial nominations for a floor vote while declining to bring others who lacked sufficient votes to be confirmed—and Ryan Park’s nomination was one of those in the latter category. Accordingly, it was clear since at least November 21, 2024, that there was a bipartisan deal in the Senate not to confirm Park.” said the complaint.
“On December 12, 2024, despite having no prospect of being confirmed anyway, Park formally withdrew his nomination, notice of which the White House promptly conveyed to the Senate. Just one day later, Judge Wynn withdrew his January 2024 letter announcing his intent to assume senior status upon confirmation of his successor. His new letter says he plans to remain in active status, and he provides no explanation except that he changed his mind ‘after careful consideration,’” the complaint continued.
“On the public record as it currently exists, every indication is that Judge Wynn—who had already celebrated his retirement nine months earlier—had a change of heart solely because of the outcome of the 2024 presidential election, then may have coordinated with Park and the White House to give the misimpression that Park’s pointless withdrawal was what prompted Judge Wynn’s change of heart. If that is proven, it would violate several Canons of the Code of Conduct of United States Judges,” the complaint concluded.
The Article III Project (A3P) was founded by veteran GOP operative and attorney Mike Davis, who, after helping win the Senate confirmation battles of Neil Gorsuch and Brett Kavanaugh, developed the reputation as a “take-no-prisoners conservative eager to challenge the left with hardball tactics,” as reported in The New York Times.
A3P defends constitutionalist judges, punches back on radical assaults on judicial independence (like court-packing) and opposes judicial and other nominees who are outside of the mainstream. Davis previously served as Chief Counsel for Nominations to Chairman Chuck Grassley (R-Iowa) on the United States Senate Committee on the Judiciary and led the Senate confirmation of Justice Brett Kavanaugh and a record number of circuit court judges.
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