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Trump Demands Judge in Jan. 6 Case Stand Down as Past Remarks 'Unavoidably Taint' Case
Trump Demands Judge in Jan. 6 Case Stand Down as Past Remarks 'Unavoidably Taint' Case
Sputnik International
Former President Donald Trump has filed a motion in a Washington, DC, court demanding Judge Tanya Chutkan recuse and disqualify herself from his January 6 criminal case, court documents showed.
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"President Donald J. Trump, through undersigned counsel, respectfully moves to recuse and disqualify the Honorable Tanya S. Chutkan," Trump's attorneys said in the court document on Monday. The motion cites what Trump alleges is Chutkan's compromised impartiality as cause for recusal.“The public will reasonably and understandably question whether Judge Chutkan arrived at all of her decisions in this matter impartially,” the motion said, adding that “the law and the overwhelming public interest in the integrity of this historic proceeding require recusal.”Chutkan has given both sides in the case until Thursday to respond to the motion, with the Trump camp given until Sunday to issue its subsequent reply.
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donald trump, january 6, 2021, tanya chutkan, capitol riot, donald trump's indictment
donald trump, january 6, 2021, tanya chutkan, capitol riot, donald trump's indictment
Trump Demands Judge in Jan. 6 Case Stand Down as Past Remarks 'Unavoidably Taint' Case
WASHINGTON (Sputnik) - Former President Donald Trump has filed a motion in a Washington, DC, court demanding Judge Tanya Chutkan recuse and disqualify herself from his January 6 criminal case, court documents showed.
"President Donald J. Trump, through undersigned counsel, respectfully moves to recuse and disqualify the Honorable Tanya S. Chutkan," Trump's attorneys said in the court document on Monday.
The motion cites what Trump alleges is Chutkan's compromised impartiality as cause for recusal.
“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,” Trump attorney John F. Lauro wrote in the motion.
“The public will reasonably and understandably question whether Judge Chutkan arrived at all of her decisions in this matter impartially,” the motion said, adding that “the law and the overwhelming public interest in the integrity of this historic proceeding require recusal.”
US law dictates that judges recuse themselves from any legal case in which they have a personal bias, potential prejudice, or their impartiality could be "reasonably" questioned.
A 1994 Supreme Court ruling determined that only in rare cases are judges ever forced out of a legal case; in fact, it must be proved the official demonstrates "deep seated favoritism or antagonism that would make fair judgment impossible."
26 August 2023, 00:38 GMT
Chutkan has given both sides in the case until Thursday to respond to the motion, with the Trump camp given until Sunday to issue its subsequent reply.
Trump is presently facing multiple indictments ranging from alleged fraudulent business practices, mishandling classified documents and efforts to overturn the results of the 2020 presidential election.
The former president has repeatedly voiced his innocence in each case, underscoring that legal filings are part of a larger political attack intended to shutter his chances at serving a second term in office.
