Trump Requests Recusal of Clinton-Appointed Judge From RICO Suit Against Hillary Clinton, Dems
02:29 GMT 05.04.2022 (Updated: 11:48 GMT 10.12.2022)
© REUTERS / EMILY ELCONIN
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Late last month, Donald Trump targeted both the DNC and Hillary Clinton in a civil RICO lawsuit filed in the District Court for the Southern District of Florida. The suit seeks over $24 million in damages and accuses several Democratic defendants of falsifying evidence in a racketeering effort to impede his 2016 presidential campaign.
Trump lawyers Alina Habba and Peter Ticktin filed a motion on Monday arguing that US District Judge Donald Middlebrooks should recuse himself from Trump’s RICO lawsuit due to potential bias associated with his 1997 appointment to the federal bench by then-US President Bill Clinton, husband of defendant Hillary Clinton, a former US Secretary of State.
“There is no question that Judge’s Middlebrooks’ impartiality would be questioned by a disinterested observer, fully informed of the facts, due to Judge’s relationship with the Defendant, either, individually, or by the very nature of his appointment to the Federal Bench, by the Defendant’s husband,” read the filing.
“The most important issue is not simply that justice must be done, but also that justice must appear to be done,” Trump’s legal team added. “This could not be more important in a case like the above styled cause, where wrongs in regard to a presidential election are to be redressed.”
The motion cites ‘28 US Code 455,’ which states a “justice, judge, or magistrate judge of the
United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
It is uncommon that such a request is granted without evidence of personal connections, as the US is primarily governed by a two-party system and judges have traditionally been appointed by either a Republican or Democratic president, Politico noted.
Habba and Ticktin highlighted that the plaintiff is presently unaware of the extent of Middlebrook’s relationship with Hillary Clinton, who was first lady at the time of his appointment.
“The Plaintiff is also unaware if the Judge has current [sic] relationship with either the Defendant, HILLARY CLINTON, or her husband, and how far back the relationship has existed,” read the motion.
Records show Middlebrook was assigned to the case on March 24, the same day Trump’s team filed the racketeering suit.
The initial complaint named more than two dozen defendants, including Hillary Clinton, the Democratic National Committee, former FBI Director James Comey, and White House national security adviser Jake Sullivan.
“Acting in concert, the Defendants maliciously conspired to weave a false narrative that their Republican opponent, Donald J. Trump, was colluding with a hostile foreign sovereignty,” the 108-page filing read, raising allegations of “falsifying evidence, deceiving law enforcement, and exploiting access to highly-sensitive data sources.”
Trump’s team claimed Watergate, which led to then-US President Richard Nixon’s resignation, paled in comparison to the organized plot carried out by defendants attempting to link his 2016 presidential campaign to the Russian government.
The suit seeks damages exceeding $24 million in legal fees, defense costs, and related expenses. It also seeks to recoup the loss of present and future business dealings.
