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ABC News
ABC News
27 Sep 2023
ABC News


A district judge has denied former President Donald Trump's effort to have her recuse herself from presiding over his federal election interference case.

Washington, D.C., District Judge Tanya Chutkan rejected the argument from Trump's legal team regarding statements she made during her sentencing of Jan. 6 rioters.

In an October 2022 hearing cited by Trump's attorneys, Judge Chutkan described the Capitol assault as "nothing less than an attempt to violently overthrow the government" by Trump's supporters, who "were there in fealty, in loyalty, to one man. It's a blind loyalty to one person who, by the way, remains free to this day."

In arguing for Chutkan's recusal, Trump's attorneys said that "the public meaning of this statement is inescapable -- President Trump is free, but should not be. As an apparent prejudgment of guilty, these comments are disqualifying standing alone."

PHOTO: In this Dec. 7, 2020, file photo, President Donald Trump looks on during a ceremony in the Oval Office of the White House in Washington, D.C.
In this Dec. 7, 2020, file photo, President Donald Trump looks on during a ceremony in the Oval Office of the White House in Washington, D.C.
Saul Loeb/AFP via Getty Images, FILE

In her ruling Wednesday, Chutkan also disputed that her statements were based on facts she observed through news coverage, rather than those presented to her through the defendants themselves in their arguments asking for leniency.

Trump has pleaded not guilty to charges of undertaking a "criminal scheme" to overturn the results of the 2020 election by enlisting a slate of so-called "fake electors," using the Justice Department to conduct "sham election crime investigations," trying to enlist the vice president to "alter the election results," and promoting false claims of a stolen election as the Jan. 6 riot raged -- all in an effort to subvert democracy and remain in power.

Chutkan has set a start date of March 4, 2024, for the trial.