
Former President Donald Trump has moved to have U.S. District Judge Tanya Chutkan, who is presiding over his federal prosecution related to efforts to overturn the 2020 election, step aside due to her prior comments regarding his responsibility for the January 6, 2021, Capitol riot.
In a motion filed on Monday, Trump’s legal team argued that Judge Chutkan’s comments during sentencing hearings for two Capitol riot defendants demonstrated her preconceived notions of Trump’s culpability in the violence, thereby necessitating her recusal. This move by Trump’s lawyers faces an uphill battle, as recusal motions in criminal cases are rarely granted.
The crux of Trump’s argument lies in the comments Chutkan made during the cases she presided over. In both instances, defendants argued that they should receive lighter sentences because Trump bore responsibility for their actions on January 6. Chutkan’s remarks during these proceedings form the basis of Trump’s recusal request.
While acknowledging that Judge Chutkan may intend to provide a fair trial, Trump’s legal team contends that her prior statements create a perception of bias that undermines public confidence in the proceedings. They argue that this perception is incompatible with a fair justice system, particularly in such a high-profile case.
This is not the first time Trump has sought recusal in his ongoing criminal cases. In May, his attorneys requested a new judge in the state-court prosecution in New York related to hush money payments to Stormy Daniels, alleging that Judge Juan Merchan had a “preconceived bias” against Trump. This request was denied by Merchan last month.
The latest recusal request is in response to the criminal case brought against Trump by special counsel Jack Smith in August. Trump faces four felony counts, including conspiracy to defraud the United States and conspiracy to obstruct an official proceeding. The indictment also alleges that Trump sought to exploit the January 6 attack on Congress to continue his efforts to retain power.
The motion for recusal centers on Chutkan’s comments made during the sentencing of Jan. 6 defendants. She addressed the question of whether those who promoted false election fraud claims should be charged and whether those charged should receive lenient sentences. Chutkan’s statements seemed to indicate agreement with some defendants’ contentions but also underscored her limited role in the charging and sentencing process.
Trump’s legal team’s request for Judge Chutkan’s recusal now awaits a decision, with the judge set to evaluate the motion in the context of legal precedent and the particular circumstances of the cases she has presided over.
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