Trump Demands Recusal of Obama-Appointed Judge in Jan. 6 Case

'No way I can get a fair trial,' Trump said

Former President and 2024 Republican Presidential hopeful Donald Trump speaks at a Republican volunteer recruitment event at Fervent, a Calvary Chapel, in Las Vegas on July 8, 2023. Patrick T. Fallon/AFP via Getty Images

Former President Donald Trump has called for the recusal of the judge assigned to his case related to the Jan. 6, 2021, Capitol breach, in which he’s accused of multiple felonies in connection with his challenges to the 2020 presidential election.

U.S. District Judge Tanya Chutkan, a former assistant public defender who was nominated to the bench by President Barack Obama, has been assigned to preside over Mr. Trump’s case.

In that case, Mr. Trump has been charged with one count of conspiracy to defraud the United States, one count of conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding—the certification of the electoral vote—and conspiracy against the rights of citizens.

Mr. Trump maintains his innocence and has pleaded not guilty.

Judge Chutkan on Aug. 5 issued a ruling against Mr. Trump, giving his legal team less time than requested to respond to a proposal by prosecutors for the judge to issue a protective order limiting what information Mr. Trump can share publicly about the case.

Apparently in response to the unfavorable ruling by Judge Chutkan, the former president on Aug. 6 took to social media to demand her recusal.

“There is no way I can get a fair trial with the judge ‘assigned’ to the ridiculous freedom of speech/fair elections case,” Mr. Trump wrote in a post on Truth Social.

“Everybody knows this, and so does she! We will be immediately asking for a recusal of this judge on very powerful grounds, and likewise for venue change, out [of] D.C.”

He has previously raised concerns about not being able to get a fair trial in Washington.

Mr. Trump, who’s the Republican front-runner for the 2024 presidential election, has repeatedly characterized the numerous investigations against him as election interference meant to thwart his bid for the White House.

After being assigned to the case, Judge Chutkan made headlines for having issued tough sentences in cases relating to the Capitol breach. Reports indicate that in nine of her 31 such cases, she issued tougher penalties than prosecutors recommended.

U.S. District Judge Tanya Chutkan has been assigned to the election fraud case against former President Donald Trump. Administrative Office of the U.S. Courts via AP

Extra Response Time Denied

On Aug. 4, special counsel Jack Smith asked Judge Chutkan to issue a protective order in light of a social media post by the former president.

Mr. Smith’s request was in reference to an Aug. 4 Truth Social post by Mr. Trump, which read, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”

Following the post, Mr. Smith urged Judge Chutkan to “enter a protective order governing or restricting discovery or inspection” of case details, to restrict what Mr. Trump can share publicly about the case and evidence.

“Such a restriction is particularly important in this case because the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him,” Mr. Smith wrote in a filing (pdf), citing the Truth Social post.

“If the defendant were to begin issuing public posts using details—or, for example, grand jury transcripts—obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case.”

He also noted that such posts may influence jurors.

A spokesperson for Mr. Trump responded to the filing by suggesting that the post wasn’t a retaliation against Mr. Smith’s charges.

“The Truth post cited is the definition of political speech, and was in response to the RINO, China-loving, dishonest special interest groups and Super PACs, like the ones funded by the Koch brothers and the Club for No Growth,” the spokesperson said.

On Aug. 5, Judge Chutkan gave Mr. Trump’s attorneys an Aug. 7 deadline to respond to Mr. Smith’s request, rejecting a bid by the former president’s lawyers for an extension until Aug. 10 to submit a response.

They had requested until Aug. 10 to ensure “adequate time to prepare a fulsome response,” noting that the issue, if given time, could be resolved “without court intervention.”

“Requiring a Monday response to a Friday evening motion likewise forecloses the possibility of agreement and would encourage such improper tactics by the government in the future,” Mr. Trump’s attorneys said in the filing.

In a quick counter, Mr. Smith’s team asked the judge to maintain the Aug. 7 deadline, calling the extension request an “unnecessary delay.”

Mr. Trump’s legal team now has the option to either accept the protective order proposal or submit a counter by 5 p.m. on Aug. 7.

At a fundraising event in South Carolina late on Aug. 5, Mr. Trump shared with Republicans his thoughts on the indictments against him this year: “Every time the radical left Democrats do this and the Marxist, Communist, fascists indict me, I consider it a great badge of honor, because I’m being indicted for you.”

Mimi Ngyuen-Ly contributed to this report.