A federal judge in Columbus has awoken the ire of Kentucky U.S. Senator Mitch McConnell after he rescinded his decision to retire.
Judge Algenon Marbley made the decision just days after Donald Trump was elected to a second term as president. Marbley first announced in Oct. 2023 that he planned to take senior status, a form of semi-retirement, upon the confirmation of a successor.
Marbley was appointed to the bench of the U.S. District Court for the Southern District of Ohio in 1997 by President Bill Clinton, a Democrat.
McConnell took to the floor of the U.S. Senate on Monday to criticize Marbley and another U.S. District Court judge in North Carolina for backtracking on their retirement plans.
"It's clear now that they have a political finger on the scale. This sort of partisan behavior undermines the integrity of the judiciary. It exposes bold Democrat blue, where there should only be black robes," McConnell said.
McConnell was discussing an agreement the Democratic-controlled U.S. Senate came to with the incoming Republican-controlled majority.
According to McConnell, Republicans would forgo procedural roadblocks on about a dozen of President Joe Biden's nominations to U.S. District Court. This would be in exchange for the Democratic Majority Leader U.S. Senator Chuck Schumer not bringing any nominations for the federal circuit court to the floor of the U.S. Senate.
If Marbley had retired, his seat would likely have been filled by President-Elect Donald Trump because Biden had not nominated another judge to take Marbley's seat.
Marbley wrote a letter to Biden on Nov. 8 withdrawing from senior status.
"A successor has not been confirmed, and I have therefore decided to remain on active status and carry out the full duties and obligations of the office," Marbley wrote in the letter.
McConnell said the incoming Trump administration would be wise to explore all available recusal options with the two judges. He said they will face significant ethics complaints based on counts two and five of the court's code of conduct, on top of recusal demands from Trump's U.S. Department of Justice.
"As I repeatedly warned the judiciary and other matters, if you play political games, expect political prizes. So let's hope these judges do the right thing and enjoy their well-earned retirement. Leave the politics to the political branches," McConnell said.
Marbley was in trial and could not be reached for comment on Thursday.
