As with just about everything else in this trial, the decision facing Judge Tanya Chutkan faces is unprecedented.
To counteract Trump’s incendiary rhetoric, Smith’s motion points to Chutkan’s earlier actions. Shortly after the indictment was unsealed, Trump’s lawyer John Lauro gave multiple interviews opining about the case in detail, discussing potential witnesses and outlining defenses he planned to raise.
Thus, Smith’s team requests that Chutkan also issue a “narrowly tailored” gag order against Trump. Local Criminal Rule 57.7 allows a court to issue a “special order governing…extrajudicial statements by parties” in “widely publicized or sensational criminal cases.
The solid foundation for a limited gag order may explain Trump’s motives in asking for Chutkan’s recusal. Legally, the recusal motion looks to be a. The bar for recusal is extremely high, judges have significant discretion, and nothing in Judge Chutkan’s record exhibits the requisite bias or appearance of bias necessitating recusal under the law.
Additionally, Trump may be attempting to establish a false equivalence between himself and Chutkan. You can see the fable the Trump team is trying to create, comparing Chutkan’s supposed comments about Trump at a prior hearing with an anticipated ruling from that judge Trump from speaking publicly about her, Smith and his fellow prosecutors or potential witnesses and jurors.
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