Special Counsel Jack Smith has filed a motion in response to former President Donald Trump’s request for the judge overseeing his federal 2020 election interference criminal case, Judge Tanya S. Chutkan, to recuse herself. In a 20-page filing submitted just before the deadline set by Judge Chutkan, Smith argued that there is no valid basis for her disqualification in this proceeding. He stated that Trump takes out of context the court’s words from prior judicial proceedings and misstates the proper legal standards governing judicial recusals.
Smith also disputed Trump’s claim that Judge Chutkan made biased statements in two separate Capitol riot sentencing hearings. Trump’s lawyers had asked that Chutkan remove herself from the case because of previous statements she made suggesting that Trump should be prosecuted and imprisoned. Smith provided more extensive transcripts of Chutkan’s remarks in those hearings to argue that she did not state that Trump was legally or morally culpable for the events of January 6 or that he deserved punishment. He emphasized that the court was simply responding to the defendant’s sentencing allocution.
Addressing Trump’s argument that Chutkan’s statement about Trump remaining free implies bias, Smith argued that the court stated an uncontested and accurate fact in response to a mitigation argument. Smith further contended that Trump has not proven that Chutkan made biased claims showing a deep-seated animosity toward him. He pointed out that Trump can only suggest some sort of bias or prejudice based on the court’s comments.
Ultimately, it is up to Judge Chutkan to decide whether her past statements create the perception of bias. If she recuses herself, a new judge would be assigned to the case. Trump’s attorneys could petition an appeals court to require her recusal, but such efforts are often not successful. Trump will have the opportunity to respond to Smith’s counter-argument, with a deadline set for next week.
For more information on Trump’s investigations, you can visit the CBS News feature on Donald Trump investigations.
Caitlin Yilek, a politics reporter for CBS News Digital, contributed to this report.
Original Story at www.cbsnews.com – 2023-09-15 04:25:00
Comments are closed.