Donald Trump Demands Judge Chutkan's Recusal From Case

Former President Donald Trump slammed U.S. District Court Judge Tanya Chutkan on Sunday saying it is impossible to get a fair trial by her and announced that his legal team will be asking for her recusal from the case "on very powerful grounds."

On Tuesday, the Department of Justice (DOJ) issued its latest indictment against Trump, charging him with four counts, including conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. The indictment came after months of speculation over whether he would be indicted over the January 6, 2021, Capitol riot, which saw a mob of his supporters, allegedly motivated by his unfounded claims of widespread voter fraud, violently protest at the U.S. Capitol building in a failed effort to block President Joe Biden's Electoral College certification.

During an arraignment hearing in Washington, D.C., on Thursday, the former president pleaded not guilty to the four felony charges. Approximately 24 hours later, Trump posted to Truth Social, his social media platform: "IF YOU GO AFTER ME, I'M COMING AFTER YOU!"

On Saturday, Chutkan who serves on the bench of D.C.'s federal trial court and was appointed by then-President Barack Obama in 2014 issued a new deadline for Trump to respond to special counsel Jack Smith's request for a protective order as the Department of Justice (DOJ) seeks to safeguard evidence and rein in Trump's public comments about the case. Trump's lawyers then followed up by asking for an extension to file a response to the motion for the protective order from Monday, August 7 to August 10 "to ensure counsel has adequate time to prepare a fulsome response."

However, Chutkan ultimately rejected the request on Saturday evening and confirmed Trump's team needed to abide by the 5 p.m. deadline on Monday.

On Sunday morning, Trump took aim at Chutkan in another Truth Social post and wrote: "THERE IS NO WAY I CAN GET A FAIR TRIAL WITH THE JUDGE 'ASSIGNED' TO THE RIDICULOUS FREEDOM OF SPEECH/FAIR ELECTIONS CASE. EVERYBODY KNOWS THIS, AND SO DOES SHE! WE WILL BE IMMEDIATELY ASKING FOR RECUSAL OF THIS JUDGE ON VERY POWERFUL GROUNDS, AND LIKEWISE FOR VENUE CHANGE, OUT IF [sic] D.C."

Law professor and political scientist Anthony Michael Kreis told Newsweek on Sunday that Trump's Truth Social post is "a political argument, not a legal argument. Trump wants a judge of his choosing and jury of his preferred peers when he's entitled to an impartial jury of his peers and an unbiased judge."

He added: "We have now had hundreds of January 6th defendants tried in Washington, D.C. and by all accounts those defendants have had fair juries. Some defendants even had jurors acquit them. There's no factual basis to allege that Judge Chutkan can't discharge her duties fairly, either. It's a publicity stunt."

Palm Beach County State Attorney Dave Aronberg also told Newsweek on Sunday, "It's not going to happen. This is another delay tactic and a way to further rally his base. Nothing fuels MAGA like grievance and martyrdom."

In addition, attorney and legal scholar Jonathan Turley told Newsweek on Sunday that "a venue change is highly unlikely."

"A politically disadvantageous district does not fit well with the governing case law. It is always difficult to prevail on such motions, but this would be a particular stretch of the precedent," he added. "I would bet heavily against it. On recusal, the judge has made some concerning statements but it is highly unlikely that she would consider herself compromised or conflicted out of the case. Appellate courts are equally skeptical about such motions and heavily disfavor compelled recusals. Thus, Trump could not have pulled a less advantageous selection of the district or the judge."

Turley concluded: "Yet, there remain threshold constitutional questions that could undermine any conviction. The problem is that the trial judge could make it difficult to take those threshold issues up on appeal before any trial."

Meanwhile, former Department of Defense (DOD) official Mike Walker reacted to Trump's post on X, formerly known as Twitter, writing on Sunday, "Trump threatens judge then asks her to recuse herself from his case. Just like a mob Don."

Lawyer and Democratic activist Aaron Parnas also posted on X on Sunday, "Many January 6th defendants have tried to move their trial out of Washington, D.C. They've failed. Trump does not have a legitimate legal basis for recusal or a change of venue. This is all part of his online grift to rile up his supporters."

Author and political commentator Sophia A. Nelson posted: "Of course. She's a black woman appointed by Obama. But they had no such worries if bias when judge cannon who was appointed by Trump should have recused herself."

Update 8/6/2023, 1:15 p.m. ET: This article has been updated with comment from Jonathan Turley.