Special Counsel Jack Smith is working to prevent Judge Chutkan from recusing herself after former President Trump’s attorneys asked for her to remove herself based on her past public statements.
Smith's team argued that, "There is no valid basis, under the relevant law and facts, for the Honorable Tanya S. Chutkan, United States District Judge for the District of Columbia, to disqualify herself in this proceeding."
However, a statement from Trump's team on Monday pointed out, "Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned."
Chutkan's outspoken political views have made it impossible for any decision from her, either for or against Trump, to be above and beyond reproach.
Trump's lawyers argued, "Such statements, made before this case began and without due process, are inherently disqualifying. 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."
Due to Trump's fame and the political polarization that affects nearly everyone in America, it has proven extremely difficult to get Trump a fair trial.
Smith's team argues that "An objective look at them reveals that the defendant’s motion takes the Court’s words out of context in order to manufacture allegations of bias."
However, no matter the context, Chutkan's comments about "prosecuting" the former President and the need for Trump to be "imprisoned," already proves that Chutkan has preexisting opinions on Trump's innocence or alleged lack thereof.
Trump's trial isn't set to happen until March 2024, although Trump's team originally wanted the trial pushed back to 2026.
Chutkan rejected that request but should she recuse herself it is possible that the trial could be pushed back to a further date.
Chutkan was nominated by former Democratic President Barack Obama further raising concerns from Trump's team about her ability to be impartial and unbiased.
Special Counsel Jack Smith knows that he needs every advantage he can possibly get to beat Trump and land a coveted conviction on the Democrat Party's biggest enemy.
If Chutkan recuses herself from the case, Smith's team is losing a judge who likely already wants to see Trump convicted and imprisoned.
Smith's case is already overtly political and has massive weaknesses that Trump's legal team is prepared to exploit. A favorable judge goes a long way towards upholding a shoddy case and getting a conviction.
