Special Counsel Rejects Trump’s Request for Judge Recusal in Election Interference Case
Washington – Special counsel Jack Smith has filed a strong response to former President Donald Trump’s request for the recusal of Judge Tanya S. Chutkan in his federal 2020 election interference criminal case. Smith’s blistering motion was submitted just one hour before the deadline set by Judge Chutkan.
In his 20-page filing, Smith stated that there is no valid basis for Judge Chutkan to disqualify herself from the case. He argued that Trump misinterpreted the court’s words from previous judicial proceedings and misrepresented the legal standards for judicial recusals.
Furthermore, Smith accused Trump of selectively using statements from two of Chutkan’s sentencing hearings for Capitol riot defendants. He claimed that Trump “cherry-picks” these statements to support his argument for recusal. Smith emphasized that Chutkan was appropriately responding to and rejecting the defendants’ claims for leniency based on comparisons to others involved in the riot, including Trump himself.
Trump’s lawyers had requested Judge Chutkan’s removal from the case, citing her previous statements made during Capitol riot sentencing hearings. They argued that these statements demonstrated a bias against Trump. However, in his response, Smith provided extensive transcripts to clarify Chutkan’s remarks. He argued that the full transcripts did not indicate that Chutkan believed Trump was legally or morally culpable for the events of January 6, but rather, that she was fulfilling her judicial obligation in responding to the defendant’s statements during their sentencing allocution.
Smith contended that Trump failed to prove Chutkan’s biased claims because he could not show deep-seated animosity towards him. He stated that Trump’s repeated assertions that the court’s comments suggest bias are unfounded. Ultimately, the decision on recusal rests with Judge Chutkan, who may assign a new judge to the case if she recuses. Trump’s lawyers have the option to petition an appeals court to require her recusal, although such efforts are often unsuccessful.
Trump will have the opportunity to respond to Smith’s counter-arguments, with a deadline set for next week.