What Judge Chutkan Said About Donald Trump As He Seeks Her Recusal

Despite experts describing the notion as "ridiculous," Donald Trump is moving to call for the recusal of Judge Tanya Chutkan—who's been assigned to preside over his federal election interference case—saying that she has previously called for his prosecution and arrest.

In August, Trump was charged on four counts, including conspiracy theory to defraud the U.S.; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceedings; and conspiracy against rights. In total, the embattled former president has been indicted four times since the beginning of the year.

But immediately after Judge Chutkan was assigned the federal case addressing Trump's attempt to overturn the result of the 2020 election and his role in the January 6 insurrection and attack on the U.S. Capitol, the former president complained of the impossibility of getting a fair trial by her.

According to the motion filed by Trump's lawyers demanding the judge's recusal, Judge Chutkan has, in connection with other cases, "suggested" that the former president "should be prosecuted and imprisoned."

"Such statements, made before this case began and without due process, are inherently disqualifying," the document reads. "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, regardless of outcome."

Trump and his lawyers referred to a total of two cases in which they claimed Judge Chutkan said she hoped for Trump to be prosecuted in relation to the January 6 insurrection.

One dates back to October 2022, when Judge Chutkan was reading the sentence against Christine Priola, one of the Jan. 6 rioters. She was sentenced to 15 months in federal prison.

On that occasion, Trump's lawyers report that Judge Chutkan said of the Jan. 6 insurrection: "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."

She added: "I see the videotapes. I see the footage of the flags and the signs that people were carrying and the hats they were wearing and the garb. And the people who mobbed that Capitol were there in fealty, in loyalty, to one man—not to the Constitution, of which most of the people who come before me seem woefully ignorant; 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."

Trump's lawyers wrote that the meaning of the judge's statement is "inescapable," adding: "President Trump is free, but should not be." This conclusion is actually not spelled out in Judge Chutkan's statement, but Trump's lawyers said this is "an apparent prejudgement of guilt" which would be "disqualifying standing alone."

The second occasion dates back to December 2021, when Judge Chutkan delivered the sentence against Florida man Robert Palmer, who was given 63 months for repeatedly assaulting police officers at the Capitol on January 6, 2021.

"He went to the Capitol because, despite election results which were clear-cut, despite the fact that multiple court challenges all over the country had rejected every single one of the challenges to the election, Mr. Palmer didn't like the result," Judge Chutkan said.

"He didn't like the result, and he didn't want the transition of power to take place because his guy lost. And it is true, Mr. Palmer—you have made a very good point, one that has been made before—that the people who exhorted you and encouraged you and rallied you to go and take action and to fight have not been charged," she added.

"That is not this court's position. I don't charge anybody. I don't negotiate plea offers. I don't make charging decisions. I sentence people who have pleaded guilty or have been convicted. The issue of who has or has not been charged is not before me. I don't have any influence on that. I have my opinions, but they are not relevant. *** So you have a point, that the people who may be the people who planned this and funded it and encouraged it haven't been charged, but that's not a reason for you to get a lower sentence."

Once again, Judge Chutkan doesn't mention Trump—but his lawyers said she "placed blame on President Trump and complained that he had not been charged." Their argument in support of Judge Chutkan's recusal is that the public is likely to see her as biased in the case against Trump.