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 September 12, 2023

Donald Trump calls for removal of Judge Chutkan in his Washington case

Former President Donald Trump is calling for the recusal of Judge Tany Chutkan from his Washington case.

Trump's attorneys cited past statements made by the judge that they claim reveal Chutkan as prejudiced against the former president.

The argument

“Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned,” Trump’s attorneys wrote in court filings.

“Such statements, made before this case began and without due process, are inherently disqualifying,” they continued. “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.”

Past cases

Trump's lawyers also pointed to the judge's words in a past case involving an individual who entered the Capitol Building on Jan. 6, 2021.

“This was nothing less than an attempt to violently overthrow the government, the legally, lawfully, peacefully elected government by individuals who were mad that their guy lost,” Judge Chutkan said during sentencing.

“I see the videotapes. I see the footage of the flags and the signs that people were carrying and the hats they were wearing and the garb. And the people who mobbed that Capitol were there in fealty, in loyalty, to one man — not to the Constitution, of which most of the people who come before me seem woefully ignorant; not to the ideals of this country; and not to the principles of democracy," she added.

Up to Chutkan

"Ultimately, it is up to Chutkan to decide if these past statements create a perception of bias. If she does, a new judge would be assigned to the case. If she disagrees with Trump's attorneys, she will continue to preside over the matter," CBS News reported.

"If the recusal is denied, Trump's attorneys could petition an appeals court for a writ of mandamus, essentially an order requiring her to recuse. These efforts are not often successful," it continued.

The indictment is one of several Trump is facing as he seeks a comeback bid for the White House. He also faces an upcoming trial in Georgia over allegations of election interference and in Florida on charges related to classified documents in his home.

The upcoming months will continue to unfold with legal drama as Trump also seeks a rematch against President Joe Biden.

Written By:
Dillon Burroughs

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