WASHINGTON (AP) 鈥 Lawyers for Donald Trump on Monday asked the federal judge presiding over his election subversion case in Washington to recuse herself, saying her past public statements about the former president and his connection to the Jan. 6, 2021, riot at the U.S. Capitol call into question whether she can be fair.
The recusal motion from Trump's lawyers takes aim at , a former assistant public defender who was nominated to the bench by President Barack Obama and has stood out as one of the toughest punishers of Jan. 6 defendants. The request is a long shot given the high threshold for recusal and because the decision on whether to recuse belongs to Chutkan, who is unlikely to see cause to step aside from the case.
Even so, the request that she give up the high-stakes trial marks the latest flashpoint in already delicate relations between the defense team and the judge, who has repeatedly cautioned against inflammatory public comments from Trump but has nonetheless been lambasted on social media by him. Special counsel Jack Smith's team signaled its own concern about his comments, that Trump's daily statements 鈥 he has derided her as 鈥渉ighly partisan鈥 鈥 could taint a potential jury pool.
Chutkan ordered Smith's team to file any opposition to Trump's recusal bid by Thursday.
Chutkan last month scheduled the trial for over the vigorous objections of defense lawyers who said that would not give them enough time to prepare. The case in Washington, charging Trump in a four-count indictment with plotting to overturn the results of the 2020 election, is one of four criminal cases confronting the former president as he seeks reelection to the White House.
In asking Chutkan to step aside, the Trump legal team is relying on a familiar playbook. He tried unsuccessfully to get the judge removed from the hush-money case against him in New York state court, with his lawyers claiming that New York Judge Juan Manuel Merchan is biased because he鈥檚 given cash to Democrats and his daughter is a party consultant.
But , saying he is certain of his 鈥渁bility to be fair and impartial.鈥
Federal judges are supposed to step aside in cases where their 鈥渋mpartiality might reasonably be questioned." Other bases for recusal include a personal bias against one of the parties. Trump鈥檚 lawyers say Chutkan's comments in cases against Jan. 6 rioters show she has 鈥渁lready formed an opinion about President Trump鈥檚 guilt鈥 and many of the allegations that underpin the indictment against him.
鈥淎lthough Judge Chutkan may genuinely intend to give President Trump a fair trial 鈥 and may believe that she can do so 鈥 her public statements unavoidably taint these proceedings, regardless of outcome,鈥 the defense team wrote. 鈥淭he public will reasonably and understandably question whether Judge Chutkan arrived at all of her decisions in this matter impartially, or in fulfillment of her prior negative statements regarding President Trump.鈥
Chutkan has often handed down prison sentences in Jan. 6 cases that are harsher than Justice Department prosecutors recommended. The judge also previously in a separate Jan. 6 case, refusing his request to block the release of documents to the U.S. House鈥檚 Jan. 6 committee by asserting executive privilege.
Trump鈥檚 lawyers quoted from remarks Chutkan made in a 2022 sentencing hearing for Christine Priola, a Jan. 6 defendant from Ohio who pleaded guilty to obstructing Congress鈥 certification of Joe Biden鈥檚 electoral victory 鈥 one of the same charges Trump is facing.
鈥淭he people who mobbed that Capitol were there in fealty, in loyalty, to one man 鈥 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,鈥 Chutkan said. 鈥淚t鈥檚 a blind loyalty to one person who, by the way, remains free to this day.鈥
The defense also cited Chutkan鈥檚 comments from the sentencing of a rioter from Florida who attacked police officers working to hold back the crowd. , who was sentenced to more than five years in prison, Chutkan said the defendant 鈥渕ade a very good point鈥 that the 鈥減eople who exhorted鈥 and encouraged him 鈥渢o go and take action and to fight鈥 had not been charged. Chutkan added that she doesn't 鈥渕ake charging decisions" and has no 鈥渋nfluence on that."
鈥淚 have my opinions, but they are not relevant,鈥 Chutkan said.
Trump's attorneys said that comment suggests she believed at the time that Trump should be charged.
鈥淧ublic statements of this sort create a perception of prejudgment incompatible with our justice system. In a case this widely watched, of such monumental significance, the public must have the utmost confidence that the Court will administer justice neutrally and dispassionately,鈥 Trump鈥檚 attorneys wrote.
Besides the Washington and New York cases, Trump faces a separate federal prosecution in Florida on charges that he , and arising from efforts to overturn the Georgia state election in 2020.
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Richer reported from Boston. Associated Press writer Michael R. Sisak in New York contributed to this report.
