I have stated all along that Trump has two major obstacles in most of these indictments, especially the January 6 case.
That being the judge and the jury.
Well, Trump just made a move that will, at the very least, open up a possible appeal for him.
Chutkan has dropped some of the harshest sentences we have seen against January 6 defendants.
While doing so, she has often opined from the bench that, without saying Trump's name, he should be behind bars.
For instance, in one sentencing hearing, she stated:
"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."
That is about as damning as it gets regarding her attitude towards Trump.
Her mind is clearly made up, hence the motion by Trump's attorneys.
This was an expected move by Trump. And while I do not expect Chutkan to recuse herself, this sets Trump up for an appeal of the verdict, if guilty.
In their motion, Trump's attorneys stated:
"The public meaning of this statement is inescapable—President Trump is free, but should not be. As an apparent prejudgment of guilt, these comments are disqualifying standing alone."
Trump seeks to recuse DC Judge Tanya Chutkan -
Chutkan has suggested "Trump should be prosecuted and imprisoned"
These statements "are inherently disqualifying"
[thread] pic.twitter.com/0kY6soQJCA
— Techno Fog (@Techno_Fog) September 11, 2023
Trump, of course, chimed on Truth Social, stating, "She obviously wants me behind bars. VERY BIASED & UNFAIR!"
This is a tremendous legal move by Trump's attorneys, but as I stated, I do not see her stepping away from this case.
Chutkan has been licking her chops to get at Trump, and now she has the opportunity.
The downside is that if she makes one misstep, denies a reasonable motion, a quick overruling of an objection, or anything that can be deemed biased, at the very least, Trump's team can file for a new trial or possibly even have the verdict overturned on appeal.
This case is going to be very tough to prove, but Trump has to be careful if he takes the stand here.
Above all other cases, this is the case that could bring the 14th Amendment into play if Trump slips up on the stand.
If, for instance, Trump testifies that if he becomes president, he will pardon the rioters from January 6, this could be deemed as providing aid and comfort to insurrectionists, which would immediately disqualify him from being able to run for office.
If I were on Trump's legal team, I would tell him to shut up, stay off Truth Social, and sit in the defendant's chair and not move.
This case is very winnable, even more so on appeal, and Trump cannot risk that just to get his time in front of the camera.
