U.S. Special Counsel Jack Smith has taken a stance against a request by former U.S. President, Donald Trump to have the Federal judge overseeing the criminal case, Judge Tanya Chutkan, who accuses the former U.S. President of attempting to undermine the results of the 2020 election, removed from the proceedings.
Smith, whose office is responsible for prosecuting the case against Trump, firmly asserted that there is no valid basis for U.S. District Judge Tanya Chutkan to recuse herself from the case based on her prior statements in court that seemed to allude to Trump’s accountability for the January 6, 2021, attack by his supporters on the U.S. Capitol.
Trump, the leading contender for the Republican nomination in the 2024 presidential race, submitted a legal motion on Monday, requesting Chutkan’s withdrawal from the case. He argued that her previous statements cast doubt on her impartiality and could prejudice the proceedings.
The motion referenced comments made by Chutkan during two sentencing hearings for individuals convicted of participating in the Capitol riot. During one of these hearings, she mentioned that the rioters were driven by blind loyalty to one person, who, by the way, remains free to this day.
Trump has frequently criticized Chutkan on social media ever since she was assigned to preside over the case. This case, which alleges that Trump was involved in three schemes to overturn his defeat by Democratic President Joe Biden, is one of four criminal cases that Trump is currently facing as he pursues a return to the White House. He has pleaded not guilty to all charges and has accused prosecutors of being politically motivated.
Chutkan, an appointee of Former Democratic President Barack Obama, has strongly condemned the Capitol attack and has imposed more severe sentences on some rioters than what prosecutors had initially sought.
U.S. prosecutors contend that Chutkan’s remarks do not meet the high legal threshold required for Federal judges to recuse themselves from a case. Typically, judges recuse themselves if they have a financial interest in the outcome or a personal connection to someone involved.
