Trump seeks to remove Judge Chutkan from the case permanently.
Lawyers for Donald Trump Seek Recusal of Judge Chutkan in Election Subversion Case
Lawyers representing Donald Trump have filed a motion asking the federal judge overseeing his election subversion case in Washington to recuse herself. They argue that Judge Tanya Chutkan’s past public statements about the former president and his connection to the January 6, 2021, Capitol incursion raise concerns about her ability to be impartial.
The recusal motion specifically targets Judge Chutkan, who has gained a reputation for being tough on defendants involved in the January 6 events. This request adds to the already strained relationship between the defense team and the judge, who has repeatedly cautioned against inflammatory public comments from Trump.
Judge Chutkan has instructed special counsel Jack Smith’s team to respond to Trump’s recusal bid by Thursday.
Delicate Relations and Trial Date Controversy
Last month, Judge Chutkan scheduled the trial for March 4, 2024, despite objections from the defense lawyers who argued that they would not have enough time to prepare. This case in Washington is one of four criminal cases Trump is facing as he seeks re-election to the White House. The indictment accuses him of plotting to overturn the results of the 2020 election.
Impartiality Questioned
According to the defense team, federal judges are expected to step aside from cases where their impartiality could reasonably be questioned. They argue that Judge Chutkan’s comments in cases related to the January 6 rioters demonstrate that she has already formed an opinion about Trump’s guilt and the allegations against him.
The defense team wrote, “Although Judge Chutkan may genuinely intend to give President Trump a fair trial – and may believe that she can do so – her public statements unavoidably taint these proceedings, regardless of outcome.”
Harsher Sentences and Previous Rulings
Judge Chutkan has been known to hand down prison sentences in January 6 cases that are harsher than what the Justice Department prosecutors recommended. She also ruled against Trump in a separate January 6 case, denying his request to block the release of documents to the U.S. House’s January 6 committee by asserting executive privilege.
The defense team quoted remarks made by Judge Chutkan during a 2022 sentencing hearing for a defendant who pleaded guilty to obstructing Congress’ certification of Joe Biden’s electoral victory. They also cited her comments from the sentencing of a rioter from Florida. These statements, according to Trump’s attorneys, suggest that she believed Trump should be charged.
Trump’s lawyers argue that such public statements create a perception of prejudgment that is incompatible with the justice system. They emphasize the need for the public to have utmost confidence in the court’s ability to administer justice neutrally and dispassionately.
The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.
The post Trump Moves Against Judge Chutkan, Seeks to Have Her Off the Case for Good appeared first on The Western Journal.
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