Donald Trump Seeks Recusal of Judge in Federal Election Case

Former President Donald Trump is seeking the removal of the judge overseeing his federal prosecution in connection with efforts to overturn the 2020 election results, per POLITICO.

Trump's legal team argues that U.S. District Judge Tanya Chutkan's previous comments regarding his role in the January 6, 2021, Capitol riot make her impartiality questionable.

In a motion filed on Monday, Trump's attorneys pointed to Judge Chutkan's statements during sentencing hearings for two individuals involved in the Capitol riot.

They contend that these remarks indicate she has already formed an opinion regarding Trump's culpability about the events of that day.

It's important to note that motions for a judge's recusal in criminal cases are typically met with significant challenges and have a low success rate.

Trump's argument is grounded in Judge Chutkan's handling of cases directly related to the January 6 incidents.

In both cases, the defendants argued that they should receive more lenient sentences because they believed Trump had influenced their actions on that fateful day.

Judge Chutkan's comments, which Trump now asserts require her removal, were made in response to these arguments.

Trump's legal team argues, "Although Judge Chutkan may genuinely intend to provide President Trump with a fair trial-and may believe she can do so-her public statements unavoidably cast doubt on the impartiality of these proceedings, irrespective of their ultimate outcome."

Donald Trump Says Judge Tanya Chutkan Was Biased Against Him

Donald Trump's legal team has contended that the judge assigned to the case exhibited bias against him due to her prior comments in other January 6 riot defendant cases, according to The Guardian.

They deliberated on filing this motion for weeks. In the nine-page motion, they highlighted two instances where Judge Tanya Chutkan expressed her opinions on Trump's responsibility in the Capitol attack.

The first instance, from October 2022, suggested Chutkan believed Trump should have been prosecuted and jailed, implying a pre-judgment of guilt.

In the second instance, from December 2021, Donald Trump's lawyers argued that Chutkan agreed with a rioter's defense attorney, who claimed Trump had falsely convinced his supporters to act against the peaceful transition of power.

Whether these statements meet the high bar for the judge's removal remains uncertain. Importantly, the motion did not contest Chutkan's pre-trial rulings, as she has occasionally ruled against prosecutors.

Judge Tanya Chutkan Reacts to Donald Trump's Legal Filing

During sentencing hearings for two individuals connected to the January 6, 2021, Capitol riot, Judge Tanya Chutkan remarked, "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 expressed her concern: "It's blind loyalty to one person who, by the way, remains free to this day."

Trump's legal team argues that these comments implied that Judge Chutkan believes President Trump should not be free, BBC noted.

They point out that, under U.S. federal law, any judge must recuse themselves voluntarily from any case in which their impartiality could reasonably be questioned.

If Judge Chutkan denies the recusal motion, Trump's lawyers may appeal to a higher court, seeking a mandate for her to step aside from the case.

Judge Tanya Chutkan, appointed by then-President Barack Obama in 2014, has gained a reputation for imposing stern penalties on individuals involved in the January 6 Capitol breach.

Her assignment to preside over this federal case involving Donald Trump was random.

This article is owned by Latin Post.

Written by: Mary Webber

WATCH: Trump asks Judge Tanya Chutkan to recuse herself in Jan. 6 case - From CBS News