Donald Trump has asked the judge overseeing his federal election meddling case to step aside due to previous statements she made in court.

He said in a legal filing some past comments create a perception of bias against the former president.

The request for a recusal was filed to Judge Tanya Chutkan on Monday.

She is overseeing the case being brought by special counsel Jack Smith, who accuses Mr Trump of a conspiracy to overturn his 2020 election loss.

Mr Trump has pleaded not guilty to the charges.

The former president said last month that he planned to petition Judge Chutkan for a recusal.

 

The Monday filing does not expressly call the judge prejudiced against Mr Trump, but says certain statements she has made in her court "create a perception of prejudgment incompatible with our justice system".

"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," it says.

The petition highlights several comments, including one she made in October 2022 while sentencing a 6 January Capitol rioter.

 

• How big are Donald Trump's legal problems?

 

"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," she said.

She later added: "It's blind loyalty to one person who, by the way, remains free to this day."

 

FULL STORY

 

 

Huh, her comments about a proud boi engaging insurrection were accurate. In sentencing she MUST describe the crime. Move along Dumpsters.

Just citizen trump flailing about trying anything he can to avoid having what he perceives as the people he’s most wronged in the past hold judgement over him.judge chukan is a professional she will be extra careful to be sure she won’t be perceived as biased trump will receive a fair trial based on evidence ( there’s lots and lots of it btw)your day is coming citizen trump

Desperate.

But not cool desperado desperate, this is heavy perspiration desperation.

This also giving the judge a full view of just what kind of lawyers these are.  It's their boss that tells them to do these requests. She should make the orange guy appear before her in court, the lawyers are just messengers. 

 

Trump demands recusal by Judge Chutkan in D.C. Jan. 6 trial
Motion says Chutkan’s statements at sentencings for Jan. 6 defendants implied Trump should be prosecuted and imprisoned 

 

Stephen Gillers, a legal ethics professor at New York University School of Law, said views that a judge expresses at the sentencing of one defendant “cannot be the basis for recusing them in the case of a different defendant.”

 

“Judges are expected to form views after hearing evidence,” Gillers said. “That’s the nature of the job. And judges are trusted not to let those views bias them against other defendants.”

 

But Charles Wolfram, a scholar of legal ethics at Cornell University, said that comments made by a judge in one case can create an untenable appearance of bias in another. “I think it’s close to the line,” Wolfram said. “It’s a plausible argument for Trump to be making.”

 

However, the law leaves it up to the judges themselves to decide after hearing from both sides. Chutkan gave prosecutors until Thursday to respond to the motion, and Trump’s defense until Sunday to make any reply. If Chutkan refuses the request, Trump’s defense lawyers may appeal.

 

https://www.washingtonpost.com/dc-md-va/2023/09/11/trump-chutkan-recusal-jan-6-judge/

 

https://archive.ph/v97yf

This desperado will do anything to deflect blame, profess innocence, and avoid the prison sentence he so richly deserves. Unfortunately, he has the money to spend on frivolous motions, and efforts to subvert justice. Let us hope he ends up in prison. He has spent the last 45 years of his life earning that fate, with his tax evasion, bank fraud, and theft of billions of dollars from hard working, small contractors.

He should have thought about that before throwing HIS allegations around so freely.

 

He condemns himself every time he opens his mouth.

Anyone outside Trumps cult has to be biased... the guy is a moron.. liar... Sociopath... a modern day  Mussolini

Lock him up the worst president did nothing but disrupt the democratic system he lied he cheats he steals Trump is a Con

If my memory serves me correctly when he was running for president, he said he would show all his tax information. Then he fought like crazy to keep it a secret to this day. I still don’t know if they really devised his tax returns then the phone call to Ukraine asking the president just to say that Biden was corrupt, and that he would take care of it with the help of the senators because the Ukrainian president did not do that he withheld millions of dollars that Congress approves which causes many deaths. The list goes on and on a horse deceptions and his lies. The only reason he’s running for president is so he can pardon himself. He is a liar. He kept government top secrets, and they try to get them back for many many attempts, and he always decline now he’s in trouble for. Two weeks before he left office he asked people to send him money to fight his legal expenses. He walked away with millions hundreds of millions of dollars and then the fine print said he could spend that money anyway he chose how gullible people are that could support him is beyond my wildest dreams. He always said he was the best negotiator. He didn’t negotiate anything good with China and the American people and are paying for his mistakes.

35 minutes ago, TheFishman1 said:

Lock him up the worst president did nothing but disrupt the democratic system he lied he cheats he steals Trump is a Con

really. You're quoting Eddie Guerro. At least be original about how you express Chump's lying, cheating and stealing.

Trumps best defence in all 91 charges is that he is not mentally competent to stand trial. He already has numerous public statements by leading psychologists and psychiatrists that he is mentally immature and suffers numerous mental problems.

15 minutes ago, TheFishman1 said:

If my memory serves me correctly when he was running for president, he said he would show all his tax information. Then he fought like crazy to keep it a secret to this day. I still don’t know if they really devised his tax returns then the phone call to Ukraine asking the president just to say that Biden was corrupt, and that he would take care of it with the help of the senators because the Ukrainian president did not do that he withheld millions of dollars that Congress approves which causes many deaths. The list goes on and on a horse deceptions and his lies. The only reason he’s running for president is so he can pardon himself. He is a liar. He kept government top secrets, and they try to get them back for many many attempts, and he always decline now he’s in trouble for. Two weeks before he left office he asked people to send him money to fight his legal expenses. He walked away with millions hundreds of millions of dollars and then the fine print said he could spend that money anyway he chose how gullible people are that could support him is beyond my wildest dreams. He always said he was the best negotiator. He didn’t negotiate anything good with China and the American people and are paying for his mistakes.

I liked the USA very much. But that changed after Trump had been elected as POTUS ( not by the majority of the votes !).

 

It's hard to find words for this abhorrent, hideous character of a so called POTUS. Just until today it's completely impossible for me to understand that such a big number of US people had not been able  to recognise the criminal character in the 2016 election .... just until now. Very, very sad. 

 

That he can fight against all what shows his shabby character - as in this case -, disappopints me extremely. And I guess not only me. It has a negative reflection on the USA.

He actually still thinks he is in charge...........

1 hour ago, billd766 said:

He should have thought about that before throwing HIS allegations around so freely.

 

He condemns himself every time he opens his mouth.

That may be true. But the issue in this particular topic is what the Judge has said; not what Trump has said.

5 hours ago, ozimoron said:

Huh, her comments about a proud boi engaging insurrection were accurate. In sentencing she MUST describe the crime. Move along Dumpsters.

You are completely deluded - in the same summing up she said the man responsible - Trump - should already be in prison ! How on earth can someone get a fair trial when a judge has already said you should be in prison. Funny how the left want to ignore the judges previous comments about Trump 

18 minutes ago, jerrymahoney said:

That may be true. But the issue in this particular topic is what the Judge has said; not what Trump has said.

Why do you say that when the two are intertwined?

1 minute ago, billd766 said:

Why do you say that when the two are intertwined?

Because the motion for recusal is based upon writings and verbal comments the Judge has said before Trump was served with the indictment.

5 hours ago, Social Media said:

she has made in her court "create a perception of prejudgment incompatible with our justice system".

No facts presented, just Trump's feelings.

5 hours ago, Social Media said:

"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,"

This statement was made in response to Jan. 6 trial wherein the defendent and related to previous Jan, 6 defendents were CONVICTED for insurrection as evidence presented in court proved. Judge did not make these statements prior to trial nor during trial before jury judgement. 

5 hours ago, Social Media said:

"It's blind loyalty to one person who, by the way, remains free to this day."

Many of the defendants claimed in court they were just following orders commanded by POTUS Trump and should be found innocent. It's a claim of blind loyalty. And FAILED in court. Judge saying Trump remains free now is a factual statement.

 

Thus far, Trump himself claims in part he was just following legal advice of his attorneys and therefore innocent of the insurrection. Inadequate at best, he ignored his White House council and other senior officials such as his DOJ Barr.

When you're at the top of the garbage heap, down is the only direction left.

 

 

1 hour ago, TheFishman1 said:

If my memory serves me correctly when he was running for president, he said he would show all his tax information. Then he fought like crazy to keep it a secret to this day. I still don’t know if they really devised his tax returns then the phone call to Ukraine asking the president just to say that Biden was corrupt, and that he would take care of it with the help of the senators because the Ukrainian president did not do that he withheld millions of dollars that Congress approves which causes many deaths. The list goes on and on a horse deceptions and his lies. The only reason he’s running for president is so he can pardon himself. He is a liar. He kept government top secrets, and they try to get them back for many many attempts, and he always decline now he’s in trouble for. Two weeks before he left office he asked people to send him money to fight his legal expenses. He walked away with millions hundreds of millions of dollars and then the fine print said he could spend that money anyway he chose how gullible people are that could support him is beyond my wildest dreams. He always said he was the best negotiator. He didn’t negotiate anything good with China and the American people and are paying for his mistakes.

He is a terrible negotiator. Xi bested him, Kim kicked his butt. Putin humiliated him. The list goes on. He cannot negotiate his way out of a paper bag, to save his own life.

 

Why did he refuse to show his tax returns? 2 reasons. 

1. They would likely reveal bank fraud. 

2. They would likely reveal a far lower net worth and income than he claims. 

 

More falsehood from the liar in chief. 

Edited September 12, 20232 yr by spidermike007

30 minutes ago, RichardColeman said:

You are completely deluded - in the same summing up she said the man responsible - Trump - should already be in prison ! How on earth can someone get a fair trial when a judge has already said you should be in prison. Funny how the left want to ignore the judges previous comments about Trump 

The Cultist is at it again , how you admire a Putin Puppet is beyond my comprehension 

32 minutes ago, RichardColeman said:

You are completely deluded - in the same summing up she said the man responsible - Trump - should already be in prison ! How on earth can someone get a fair trial when a judge has already said you should be in prison. Funny how the left want to ignore the judges previous comments about Trump 

It’s funny , your the biggest Fsn of trump on this forum , and we are deluded lol

11 minutes ago, spidermike007 said:

He is a terrible negotiator. Xi bested him, Kim kicked his butt. Putin humiliated him. The list goes on. He cannot negotiate his way out of a paper bag, to save his own life.

 

Why did he refuse to show his tax returns? 2 reasons. 

1. They would likely reveal bank fraud. 

2. They would likely reveal a far lower net worth and income than he claims. 

 

More falsehood from the liar in chief. 

Good post, but you still give him too much credit. May I remind you...he couldn't negotiate his way out of a wet paper bag. ????

The Abraham Accords?

57 minutes ago, Skeptic7 said:

Good post, but you still give him too much credit. May I remind you...he couldn't negotiate his way out of a wet paper bag. ????

I forgot MBS. Made Trump look like a naive child. When a serial killer makes you look bad, time to resign.

1 hour ago, RichardColeman said:

You are completely deluded - in the same summing up she said the man responsible - Trump - should already be in prison ! How on earth can someone get a fair trial when a judge has already said you should be in prison. Funny how the left want to ignore the judges previous comments about Trump 

Or you are misquoting her, per the talking points your internet friends have sent you.

1 hour ago, jerrymahoney said:

Because the motion for recusal is based upon writings and verbal comments the Judge has said before Trump was served with the indictment.

But you seem to believe that Trump can say, print or post anything he wants in any media without ANY comeback.

 

And if the judge does not recuse herself, which in my opinion she should not ever consider doing, then what?

 

Bear in mind that the judge does NOT find the accused innocent or guilty only imposes sentence, and that within strict guidelines.

13 minutes ago, billd766 said:

And if the judge does not recuse herself, which in my opinion she should not ever consider doing, then what?

If, after the prosecution responds to the defense motion for recusal and the defense submits their response to that, if the Judge decides not to recuse herself, then the Trump defense can appeal.

 

There is precedence for these kinds of recusal motions at both the appellate and Supreme Court level.

Edited September 12, 20232 yr by jerrymahoney

2 hours ago, RichardColeman said:

You are completely deluded - in the same summing up she said the man responsible - Trump - should already be in prison ! How on earth can someone get a fair trial when a judge has already said you should be in prison. Funny how the left want to ignore the judges previous comments about Trump 

She did not say he "should already be in prison," she said he, "remains free to this day."

 

A true and factual statement.

Edited September 12, 20232 yr by GroveHillWanderer

1 hour ago, jerrymahoney said:

If, after the prosecution responds to the defense motion for recusal and the defense submits their response to that, if the Judge decides not to recuse herself, then the Trump defense can appeal.

 

There is precedence for these kinds of recusal motions at both the appellate and Supreme Court level.

The judge correctly said that the Jan 6 insurrectionists were there in fealty to Trump, not loyalty to the constitution. This is the core problem for all maganauts. It's Trump or nobody. All hail Trump.