Senior Judge Laurence Silberman, of the U.S. Court of Appeals for the D.C. Circuit, speaking at the Federalist Society’s sixth annual Executive Branch Review Conference, held at The Mayflower Hotel in Washington, D.C., on April 17, 2018. Photo: Diego M. Radzinschi/ALM
Former U.S. District Judge Jeremy Fogel of the Northern District of California, who is now the executive director of Berkeley Judicial Institute, told Law.com on Thursday that Silberman’s email raises the question of “whether a sitting federal judge should comment on a politically charged situation because of the possible perception of bias.”
“The email in and of itself does not comment on the politics of that situation depending on what actually happened,” Fogel said.
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