Trump Motion

Case 2:22-cv-14102-DMM Document 21 Entered on FLSD Docket 04/04/2022 Page 1 of 6
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NUMBER: 2:22-cv-14102-DMM
DONALD J. TRUMP,
Plaintiff,
v.
HILLARY R. CLINTON, et al.,
Defendant.
__________________________________/
PLAINTIFF’S MOTION TO DISQUALIFY JUDGE MIDDLEBROOKS
The Plaintiff, DONALD J. TRUMP, by and through his undersigned counsel, hereby files
his Motion to Disqualify The Honorable Donald M. Middlebrooks, United States District Judge
for the Southern District of Florida, under 28 U.S.C. § 455, and as grounds for disqualification
states as follows:
1. The Plaintiff files this Motion for Disqualification of the Honorable Donald M.
Middlebrooks under 28. U.S.C. § 455(a).
2. The basis for the disqualification of the presiding Judge is that Donald M.
Middlebrooks was nominated to his current position as a Federal Court Judge, on January 7,
1997, by the then 42nd President of the United States, William J. Clinton.
3. William J. Clinton and the Defendant, HILLARY CLINTON, are presently
husband and wife. HILLARY CLINTON was married to William J. Clinton, during the time her
husband nominated Judge M. Middlebrooks to his current position, as Federal Court Judge, and
THE TICKTIN LAW GROUP, PLLC,

270 SW NATURA AVENUE, DEERFIELD BEACH, FLORIDA 33441
TELEPHONE: (954) 570-6757
HILLARY CLINTON acted as First Lady of the United States, during the time of the Judge’s
nomination.
4. Due to the fact that the Defendant, HILLARY CLINTON is being sued by her
former opponent for the United States Presidency, an election that she lost, regarding serious
allegations on her part, as well as her allies, of engaging in fraudulent and unlawful activities
against the Plaintiff, and because her husband nominated Judge Middlebrooks to the Federal
Bench, there exists a reasonable basis that Judge Middlebrooks’ impartiality will be questioned.
5. 28 USC 455 provides that “(a) Any justice, judge, or magistrate judge of the
United States shall disqualify himself in any proceeding in which his impartiality might
reasonably be questioned.”
6. Due to the fact that Judge Middlebrooks has a relationship to the Defendant,
HILLARY CLINTON’s husband, by way of his nomination as Judge to this Court, this amounts
to prejudice so virulent or pervasive as to constitute bias against a party. See Hamm v. Members
of Bd. Of Regents, 709 F.2d 647, 651 (11th Cir. 1983); Davis, 517 F. 2d at 1052.
7. Moreover, the Plaintiff is unaware of the exact extent of the relationship between
Judge Middlebrooks and the Defendant, HILLARY CLINTON, herself, who acted as First Lady
of the United States, during the time of the Judge’s nomination to Federal Court Judge.
8. The Plaintiff is also unaware if the Judge has current relationship with either the
Defendant, HILLARY CLINTON, or her husband, and how far back the relationship has existed.
9. In this circuit, “the test for determining whether a judge’s impartiality might
reasonably be questioned is an objective one and requires asking whether a disinterested
observer fully informed of the facts would entertain a significant doubt as to the judge’s
impartiality.” Bivens Gardens Office Bldg., Inc. v. Barnett Banks of Fla., 140 F.3d 898, 912 (11
2
TELEPHONE: (954) 570-6757
Cir. 1998) (citing Diversified Numismatics, Inc. v. City of Orlando, 949 F.2d 382, 385 (11 Cir.
1991).
10. There is no question that Judge’s Middlebrooks’ impartiality would be questioned
by a disinterested observer, fully informed of the facts, due to Judge’s relationship with the
Defendant, either, individually, or by the very nature of his appointment to the Federal Bench, by
the Defendant’s husband.
11. The most important issue is not simply that justice must be done, but also that
justice must appear to be done. This could not be more important in a case like the above styled
cause, where wrongs in regard to a presidential election are to be redressed.
12. Due to the reasonable questioning of the Judge’s impartiality, based on the
Judge’s nomination as a Federal Court Judge, the Honorable Judge Middlebrooks should be
disqualified from this Case, and should recuse himself from acting in any capacity in this subject
litigation.
WHEREFORE, the Plaintiff, DONALD J. TRUMP, respectfully requests that the
Honorable Donald J. Middlebrooks be disqualified from the above styled litigation, and that he
recuse himself from acting in any capacity, whatsoever, in this subject litigation, and any other
relief this Court may deem just and proper.
CERTIFICATION PURSUANT TO LOCAL RULE 7.1(a)(3)
The undersigned counsel has not conferred with counsel(s) for the Defendant(s) in a good
faith effort to resolve the issues raised in this Motion, as no appearances have been filed for any
of the Defendants.
3
TELEPHONE: (954) 570-6757
Dated: April 4, 2022
Respectfully submitted by:
THE TICKTIN LAW GROUP

270 SW Natura Avenue
Deerfield Beach, Florida 33441
Telephone: (561) 232-2222
_/s/ Peter Ticktin __

PETER TICKTIN, ESQUIRE
Florida Bar No. 887935
JAMIE ALAN SASSON, ESQUIRE
Florida Bar No. 10802
and
HABBA MADAIO & ASSOCIATES LLP

1430 US Highway 206, Suite 240
Bedminster, New Jersey 07921
ALINA HABBA, ESQUIRE
New Jersey Bar No. 018592010
MICHAEL T. MADAIO, ESQUIRE
New Jersey Bar No. 070752013
4
TELEPHONE: (954) 570-6757
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
filed this 4th day of April 2022, with the Clerk of Court using CM/ECF, which will send a notice
of electronic filing to all Parties listed on the Service List.
/s/ Peter Ticktin_____

Peter Ticktin
SERVICE LIST
Juan Antonio Gonzalez, Esquire

[email protected]
Assistant U.S. Attorney
99 N.E. 4th Street, Suite 300
Miami, Florida 33132
Tel: (305) 961-9296 (counsel for USA regarding redaction)
Samuel L. Hendrix, Esquire

[email protected]
Federal Bureau of Investigation
Office of General Counsel
935 Pennsylvania Avenue, NW
Room 10140 (counsel for acceptance of service for FBI)
Jamie Alan Sasson, Esquire

[email protected]
Peter Ticktin, Esquire
[email protected]
THE TICKTIN LAW GROUP, PLLC.
270 SW Natura Avenue
Deerfield Beach, Florida 33441-1610
Telephone: (954) 570-6757
Facsimile: (954) 570-6760
Attorneys for the Plaintiff
Alina Habba, Esquire
[email protected]
Habba Madaio & Associates LLP
1430 US Highway 206 Suite 240
Bedminster, NJ 07921
Telephone: (908) 869-1188
5
TELEPHONE: (954) 570-6757
Michael T. Madaio, Esquire

[email protected]
Habba Madaio & Associates LLP
1430 US Highway 206 Suite 240
Bedminster, NJ 07921
908-869-1188
PRO HAC VICE
6
TELEPHONE: (954) 570-6757

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Case 2:22-cv-14102-DMM Document 21 Entered on FLSD Docket 04/04/2022 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

CASE NUMBER: 2:22-cv-14102-DMM

HILLARY R. CLINTON, et al.,

PLAINTIFF’S MOTION TO DISQUALIFY JUDGE MIDDLEBROOKS

Middlebrooks under 28. U.S.C. § 455(a).

3. William J. Clinton and the Defendant, HILLARY CLINTON, are presently

THE TICKTIN LAW GROUP, PLLC,

reasonably be questioned is an objective one and requires asking whether a disinterested

10. There is no question that Judge’s Middlebrooks’ impartiality would be questioned

the Defendant’s husband.

cause, where wrongs in regard to a presidential election are to be redressed.

WHEREFORE, the Plaintiff, DONALD J. TRUMP, respectfully requests that the

relief this Court may deem just and proper.

CERTIFICATION PURSUANT TO LOCAL RULE 7.1(a)(3)

Dated: April 4, 2022

Respectfully submitted by:

THE TICKTIN LAW GROUP

_/s/ Peter Ticktin __

HABBA MADAIO & ASSOCIATES LLP

of electronic filing to all Parties listed on the Service List.

/s/ Peter Ticktin_____

Juan Antonio Gonzalez, Esquire

Samuel L. Hendrix, Esquire

Jamie Alan Sasson, Esquire

Michael T. Madaio, Esquire

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