Trump requests Judge Tanya Chutkan’s recusal in federal case.
Former President Donald Trump Requests Recusal of Judge in Federal Election Subversion Case
Former President Donald Trump has asked Judge Tanya Chutkan to recuse herself from a federal election subversion case brought against him by special counsel Jack Smith, according to a court filing submitted on Monday.
“Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned,” the filing stated. “Such statements, made before this case began and without due process, are inherently disqualifying.”
In the filing, President Trump pointed to public comments made by Judge Chutkan in cases involving Jan. 6 protesters, stating that those statements “unavoidably taint these proceedings, regardless of outcome.”
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The judge is the sole decision-maker on this motion, and it remains unclear whether she will recuse herself. If she does, a new judge will be assigned to the Trump case.
If Judge Chutkan disagrees and denies the request, President Trump’s attorneys have the option to petition an appeals court for a writ of mandamus, which would require the judge to step aside.
In the court papers filed Monday, President Trump’s lawyers highlighted remarks made by Judge Chutkan in October 2022, before the appointment of special counsel Jack Smith. These remarks were made during the sentencing phase for Jan. 6 protester Christine Priola, in which Judge Chutkan referred to the events as an attempt to violently overthrow the government.
President Trump’s team argued that these statements, along with others made by Judge Chutkan, suggest a bias against him and a belief that he should be prosecuted for the Jan. 6 Capitol breach.
“Public statements of this sort create a perception of prejudgment incompatible with our justice system. In a case this widely watched, of such monumental significance, the public must have the utmost confidence that the Court will administer justice neutrally and dispassionately,” his attorneys wrote in the filing.
It is worth noting that Judge Chutkan has handed down some of the harshest prison sentences in Jan. 6 cases, often exceeding the recommendations of the Justice Department prosecutors.
This is not the first time Judge Chutkan has ruled against President Trump in a Jan. 6 case. In November 2021, she refused his request to block the release of documents to the U.S.
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