This article is missing some context about why the judge's application to be an immigration judge (and not telling anyoke) was a bad thing. Taken from a linked previous article:
Because the prosecution in the case includes people from the U.S. Department of Justice—the same federal agency that oversees immigration courts—defense attorneys are asking to throw out all of Spath’s rulings as tainted.
“Any disinterested party would question the impartiality of a judge who is seeking employment from one of the parties appearing before him. It’s an obvious conflict of interest,” Navy Capt. Brian Mizer, the current lead defense attorney for al-Nashiri, told the Herald.
Another missing piece of information (that confused me), is that immigration judges are direct employees of the DoJ and thus part of the executive branch. They preside over administrative proceedings conducted by the DoJ, rather than judicial cases in an independent court, with the DoJ as plaintiff / prosecutor, as is more conventional.
Because the prosecution in the case includes people from the U.S. Department of Justice—the same federal agency that oversees immigration courts—defense attorneys are asking to throw out all of Spath’s rulings as tainted.
“Any disinterested party would question the impartiality of a judge who is seeking employment from one of the parties appearing before him. It’s an obvious conflict of interest,” Navy Capt. Brian Mizer, the current lead defense attorney for al-Nashiri, told the Herald.