D.C. District Judge Tanya Chutkan has denied former President Donald Trump's demand that she recuse herself from overseeing his criminal trial, reported POLITICO's Kyle Cheney on Wednesday.
Trump, who is being prosecuted by special counsel Jack Smith for his involvement in plotting to overturn the 2020 presidential election results, based his motion on the fact that Judge Chutkan referenced him at the sentencing of January 6 rioters.
"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," said Chutkan during sentencing for Christine Priola. "And the people who mobbed the Capitol were there in fealty ... not to the ideals of this country; and not to the principles of democracy. It's a blind loyalty to one person who, by the way, remains free to this day" — that person being Trump, who argues this statement implies she believes he should be in prison and has prejudged the case.
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However, legal experts have said that this comment doesn't rise to the level of recusal. And in her response denying Trump's demand, Chutkan agreed, noting that her comments were actually just stipulating to claims the defendant herself had made.
"The court’s statements from each sentencing hearing reflect the information and arguments presented by the defense in each case," wrote Chutkan. "in Priola, the court’s statement that the defendant had entered the Capitol in 'loyalty to one person who, by the way, remains free to this day' ... reflected Priola’s (1) admission that she had come to Washington, D.C., to join a protest on behalf of then-President Trump ... and (2) mitigation argument based on her view that the organizers, planners, or leaders of that protest had not been charged with a crime."
Trump's trial is currently scheduled for March of next year.
