The U.S. Special Counsel, Jack Smith, has opposed Former US President Donald Trump’s plea to have the federal judge presiding over the criminal case charging the former president with trying to rig the outcome of the 2020 election removed.
U.S. District Judge Tanya Chutkan’s decision to resign from the case due to earlier remarks she made in court that appeared to implicate Trump’s involvement in the attack by his supporters on the U.S. Capitol on January 6, 2021, was rejected by Smith, whose office is bringing the case against Trump. Smith asserted that there was “no valid basis” for Chutkan’s resignation.
Trump, the front-runner for the Republican 2024 presidential nomination, filed a legal motion on Monday asking Chutkan to step aside from the case, arguing that her prior statements raised questions about her impartiality and would taint the proceedings.
The filing cited remarks Chutkan made at two sentencing hearings for defendants convicted of taking part in the Capitol riot, including one in which she said rioters were motivated by “blind loyalty to one person who, by the way, remains free to this day.”
Trump has frequently criticized Chutkan on social media since she was assigned to preside over the case.
The prosecution, which accuses Trump of three conspiracies to overturn his defeat by Democratic President Joe Biden, is one of four criminal cases Trump is facing as he seeks to reclaim the presidency. He has pled not guilty to all counts and has accused prosecutors of bias.
Chutkan, an appointee of former Democratic President Barack Obama, has sharply criticized the Capitol attack and sentenced some rioters to prison terms harsher than prosecutors requested.
According to US prosecutors, Chutkan’s words do not meet the high legal standard that compels Federal judges to recuse themselves from a case. Judges usually recuse themselves when they have a financial stake in the outcome or a personal relationship to someone involved.
