Justice Department Pushes Back Against Trump's Attempt to Disqualify Judge in Election Plot Case

The Justice Department opposes Trump's bid to disqualify Judge Chutkan from the case alleging his role in overturning the 2020 election, arguing that her comments do not indicate bias. Experts deem the motion unlikely to succeed.

Update: 2023-09-18 02:16 GMT

The Justice Department is opposing former President Donald Trump's attempts to disqualify U.S. District Judge Tanya Chutkan, who is presiding over the case charging him with plotting to overturn the results of the 2020 election. Trump's lawyers filed a motion earlier this week arguing that comments made by Judge Chutkan in separate sentencing hearings related to the January 6, 2021, Capitol riot tainted the proceedings and raised questions about her impartiality. In one of these hearings, Judge Chutkan acknowledged a defendant's claim that those who had encouraged him to take action during the riot had not been charged.

However, the Justice Department argued that Trump's team took these comments out of context and failed to demonstrate any bias on the part of Judge Chutkan against the former president. They stated that her statements were simply responses to arguments made before her and did not assign legal or moral blame to Trump for the events of January 6. The Justice Department further emphasized that in order for a successful recusal claim to be made, Trump would have to show that Judge Chutkan harbored a deep-seated animosity toward him, a burden they believed he could not meet.

They noted that a similar attempt to seek the recusal of a judge in a separate New York prosecution faced by Trump was also unsuccessful. Given the high standard for recusal, legal experts believe that Trump's motion is unlikely to succeed. The Justice Department's filing underscores that Judge Chutkan was simply fulfilling her official duties and responding to arguments presented in court. As the case continues, it remains to be seen how these legal arguments will ultimately influence the proceedings against the former president.

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