NACDL points to judge's record as Chief Federal Public Defender as proof of commitment to due process: 'Federal public defenders provide a bulwark against government overreach'
Washington, D.C. (Sept. 26, 2025) – The National Association of Criminal Defense Lawyers (NACDL) issued a sharp rebuke of the White House’s public criticism of U.S. District Judge Michael Nachmanoff, a former federal public defender who was randomly assigned to oversee the politically charged indictment of former FBI Director James B. Comey, Jr. The criticism, delivered via the President’s Truth Social account this morning, attacked the judge solely on the basis of his nominator, stating that Comey was assigned a "Crooked Joe Biden appointed Judge, so he's off to a very good start."
NACDL President Andrew Birrell stated: "The President’s criticism of Judge Nachmanoff, implying bias and political protection based solely on the judge’s nominator, corrodes the independence of the federal judiciary and the rule of law. This baseless and tasteless social media smear, amplified by the power of the presidency, follows a disturbing pattern of attempting to weaponize the Justice Department to settle political scores. The judge’s assignment was random, and casting aspersions on the impartiality of a federal judge is dangerously reckless, especially when this entire prosecution appears to be nothing more than the injudicious exercise of political vengeance."
NACDL Executive Director Lisa Wayne added a point of fact regarding the judge’s background: “The President and the White House should welcome the appointment of a judge with this particular professional background. Before his time on the bench, Judge Nachmanoff served for thirteen years in the Office of the Federal Public Defender for the Eastern District of Virginia, ultimately becoming Chief Federal Public Defender. Federal public defenders provide a bulwark against government overreach. They defend individuals, from the indigent to those involved in high-profile cases such as the Jan. 6 defendants, against the full power of the state. Federal public defenders are renowned for their fidelity to the Constitution and due process, precisely the attributes the White House should celebrate as a safeguard against the appearance of partisan political attacks.”
Contacts
Jonathan Hutson, NACDL Senior Director of Public Affairs and Communications, 202-480-5343 or jhutson@nacdl.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.
