Thread by @America1stLegal

/1🚨BREAKING — FEDERAL JUDGE McCONNELL MUST RECUSE HIMSELF IMMEDIATELY.

AFL has uncovered a major potential conflict of interest for Judge John McConnell, Chief Judge of the federal district court of Rhode Island, who halted President Trump’s temporary spending freeze.

READ ⬇️

/2 AFL has uncovered evidence suggesting that Judge McConnell appears to be currently serving on the Board of Directors for the non-profit NGO Crossroads Rhode Island, where he was previously the Chair of the Board and is still currently listed as the Chair-Emeritus.

/3 In fact, Judge McConnell has appeared as a Director on Crossroads’ IRS Form 990 every year since he took the federal bench in 2013.

/4 And, for much of that time, he served as Chair of the Board, a position he held from 2011 through 2021. 

Prior to serving as Chair, he was the Vice Chair in 2009 and 2010 and a board member from 2006 to 2008.

/5 According to Crossroads’ 2023 Form 990, Crossroads Rhode Island received over $18.6 million in government funding that year alone.

That accounted for over half of its $30 million of revenue.

/6 AFL’s review of required disclosure forms reveals that since Judge McConnell became Vice Chair of the Board of Crossroads Rhode Island in 2009, the organization has received over $117.6 million in government funding (accounting to the end of 2023).

Crossroads received over $42 million from 2020 to 2023 from government sources, including the state of Rhode Island, a named plaintiff in the lawsuit.

/7 This year, Rhode Island government records show that Crossroads Rhode Island has already received just under $2.9 million in FY2025 to provide various programs and services to Rhode Island, one of the plaintiffs.

/8 Why is this significant? Keep reading. ⬇️

/9 It is common practice for the federal government to disburse money to the states, which then hand it out to NGOs like Crossroads Rhode Island.

Here, Judge McConnell ordered taxpayer dollars to continue flowing to the states, including Rhode Island, writing, “[s]tates rely on federal funds to provide and maintain vital programs.”

/10 USA Spending shows that in the past 15 years, 155 federal grants to Rhode Island state and local governments list Crossroads Rhode Island as a sub-awardee.

In FY2023 alone, the organization’s audit shows that more than $10 million in federal funding flowed through Rhode Island to Crossroads.

/11 In short, in the 18 years Judge McConnell has been on the board of Crossroads Rhode Island, it has received over $128 million in government funding. 

When Judge McConnell ruled against the Trump Administration and required federal taxpayers to continue funding the State of Rhode Island, it seems that he also required continued funding for his pet “non-profit,” Crossroads Rhode Island.

/12 Federal law, 28 U.S.C. § 455, requires judges to disqualify themselves “in any proceeding in which [their] impartiality might reasonably be questioned.”

/13 The law further requires judges to disqualify themselves when they are a fiduciary or have any other interest that could be substantially affected by the outcome of the proceeding.

/14 Directors of non-profits have fiduciary responsibilities to their organizations under Rhode Island Law. 7 R.I. Gen. Laws § 7-6-22(b).

The Judicial Conference of the United States imposes the same rules in the Code of Conduct for U.S. Judges.

/15 But that’s not all… ⬇️

/16 Judges must avoid even the appearance of bias.

/17 In the words of the Supreme Court, ​​“An insistence on the appearance of neutrality is not some artificial attempt to mask imperfection in the judicial process, but rather an essential means of ensuring the reality of a fair adjudication.

Both the appearance and reality of impartial justice are necessary to the public legitimacy of judicial pronouncements and thus to the rule of law itself.”

/18 To recap: Judge McConnell has been on the board of an NGO for nearly 20 years, a board he still apparently sits on.

In that time, that NGO has received over $128 million dollars in government funding from the state, a recipient of federal taxpayer dollars.

This NGO, to which he owes a fiduciary duty, stood to lose millions of dollars based on the outcome of his decision in the case.

/19 Given the heightened public scrutiny of this case and the profound constitutional implications inherent in binding the actions of the President of the United States, the appearance of a conflict of interest is highly problematic, to say the least.

/20 If, as the documents suggest, Judge McConnell has been a leader of Crossroads Rhode Island, and if, as the documents also suggest, he knew or should have known that Crossroads Rhode Island would stand to benefit from his ruling against the federal taxpayers, then it seems he should have fully disclosed his entanglement with this federally funded organization up front and recused himself from the matter. 

He did not do these things.

Now, it appears he should immediately vacate his TRO and swiftly recuse himself from this case without delay to comply with his ethical obligations.