Two federal judges sat down this week to discuss a crisis that extends far beyond the courthouse: a deliberate campaign by elected officials to undermine confidence in the judicial system, driven in part by dangerous rhetoric that is inspiring actual violence against judges and their families.
U.S. District Judge Esther Salas, appointed by President Barack Obama in 2011, and retired U.S. District Judge John Jones III, appointed by President George W. Bush in 2002, spoke candidly about threats that have intensified in recent years and the role that prominent political figures play in fueling those threats.
"When you call us monsters, and when you say we hate America, and you post that on a large social platform, and when you say it in front of the cameras day in and day out, and when it's written, and when people put up wanted posters, you are doing that for one reason, and that is to erode the public's confidence," Salas said.
The numbers tell a stark story. The U.S. Marshals Service, the federal agency responsible for protecting federal judges, has tracked 324 threats against 253 federal judges so far this year. Last year, the agency recorded 564 threats. Those are not abstract statistics.
In 2023, Sophie Roske was sentenced to roughly eight years in prison after attempting to kill Supreme Court Justice Brett Kavanaugh. She showed up to his home armed with a firearm, multiple magazines of ammunition, pepper spray, zip ties, a hammer, screwdrivers, a nail punch and a crowbar. U.S. District Judge Tanya Chutkan, who was assigned to the now-dismissed case involving President Donald Trump's efforts to overturn the 2020 election, faced such a volume of threats that U.S. marshals flanked her in public areas of the federal courthouse in Washington. Just last week, police responded to what appeared to be a swatting attempt at the Virginia home of Supreme Court Justice Amy Coney Barrett.
Salas has more than theoretical understanding of this danger. Her 20-year-old son, Daniel, was fatally shot in July 2020 when a self-proclaimed "men's rights" lawyer, posing as a deliveryman, came to her family home. Her husband was critically injured in the attack. The lawyer, who had appeared before Salas in connection with a lawsuit, was later found dead in his car from a self-inflicted gunshot wound.
Rather than step away from the bench, Salas has chosen to continue her work and speak publicly about the growing threats facing the judiciary. "When someone sacrifices their life for you, you don't squander yours. My son's ultimate act of love was taking that bullet," she said, referring to herself as "Daniel's mom."
Salas pointed directly to the language used by national leaders and their impact on public discourse around judges. While she did not name Trump specifically, she cited his pattern of attacking judges who rule against him.
"I see the President of the United States, and his Cabinet on down, engaging in irresponsible rhetoric around judges," she said. "Look at those terms: Monsters, idiots, deranged, unconstitutional and criminal. When you're using that kind of language, you are giving license to people to begin to take matters into their own hands."
Trump has repeatedly targeted federal judges in recent years, particularly those who have issued rulings he opposes. In a video posted and later deleted by the White House, Trump referred to judges who disagree with his policies as "stupid people." In March, he posted a two-page statement criticizing the courts for treating him "so unfairly," stating that "cases don't matter, the Judge does."
Jones, who now serves as president of Dickinson College after nearly two decades on the Middle District of Pennsylvania bench, acknowledged that judges have faced criticism throughout American history. But something has shifted in recent years, he said.
"It's another thing again to issue what I think is a dog whistle to that very small portion, but perhaps powerful portion, of the electorate that are unbalanced, that will take up arms and hurt or kill somebody," Jones said. "I think if we don't do something at this point, people are really at risk, physical risk."
Both judges stressed that solutions require action beyond what the judiciary can accomplish alone. Judges operate under strict ethical constraints and cannot use public platforms to defend themselves in the way politicians can.
"A judge can't convene a press conference in the lobby of the courthouse or on the steps of the courthouse. They are uniquely cabined, in terms of what they can say publicly. They need help," Jones said, calling for a national dialogue to address the erosion of respect for the judicial system.
Salas echoed that call, but framed the solution more broadly. She believes change begins at a personal level, with how Americans treat one another in their own homes and communities.
"I think it starts with how we treat each other at home, how we treat neighbors and strangers, and everyone we come in contact," she said. "I pray that we begin to see from our national leaders on down that we begin to treat people the way we would want to be treated. The way we would want our children to be treated. Because at the end of the day, I will always be Daniel's mom."
Author Sarah Mitchell: "The judges' warning is unmistakable, and the pattern of escalating rhetoric from the nation's top leadership makes it hard to dismiss as coincidental noise."
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