Prosecutors working with special counsel Jack Smith have urged U.S. District Judge Tanya S. Chutkan to reject the request made by Donald Trump’s attorneys to disqualify herself from his federal election obstruction case. The prosecutors argued that Trump’s team failed to provide any evidence to support their claim that Judge Chutkan was impartial.
In their filing, the prosecutors stated that Trump relied on “suggestion and innuendo” to insinuate something sinister about the court’s handling of the case. They emphasized that the defendant failed to present clear and convincing evidence to overcome the presumption of impartiality.
Trump’s defense had requested Chutkan’s recusal, alleging that she had prejudged the former president’s guilt. The defense motion came after Chutkan set a trial date for Trump, who has pleaded not guilty to charges of illegally plotting to overturn Joe Biden’s 2020 election victory.
Trump attorney John F. Lauro argued that Chutkan’s comments during previous sentencing hearings hinted at a bias against Trump, which could affect her handling of the case. Lauro quoted Chutkan’s statements about individuals involved in the Capitol riot not being charged with crimes, suggesting that it showed an apparent prejudgment of guilt.
However, legal analysts pointed out that a judge’s opinions expressed during one defendant’s sentencing usually cannot be used to recuse them in a different defendant’s case. They noted that judges are trusted to remain unbiased against other defendants, and their views are a fundamental part of their job.
The decision on whether Chutkan will recuse herself rests with the judge. If she refuses the request, Trump’s defense lawyers may appeal to the U.S. Court of Appeals for the D.C. Circuit to disqualify her.
Judge Tanya S. Chutkan, who was appointed by Barack Obama in 2014, is one of 13 active judges in the federal trial court in Washington. She, along with other judges, has presided over numerous cases related to the Capitol attack, which has led to charges against over 1,100 people.
This is not the first time Trump has requested recusal from a case. He previously made a similar request in New York, where he is scheduled for trial in March on charges of falsifying business records related to hush money payments during the 2016 presidential campaign. However, the request was denied by New York Supreme Court Justice Juan Merchan.
In addition to the cases in New York and D.C., Trump faces charges in state court in Georgia for attempting to obstruct the election results in that state and in federal court in Florida for mishandling classified documents after leaving the White House. He has pleaded not guilty in all four cases.