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Red State
Red State
18 Nov 2023
Jennifer Oliver O'Connell


NextImg:Judge Tanya Chutkan Denies Trump Lawyer's Motion to Strike J6 Language from the Indictment

Former president Donald Trump is 1-3 with D.C. District Court Judge Tanya Chutkan. While Trump's appeal for removal of the gag order imposed against him looks as thought it could be decided in his favor, his motion to have Chutkan recuse herself from the proceedings was refused

Now, Chutkan has denied Trump's motion to dismiss certain January 6 language from the indictment.

In a late October filing, Trump’s legal team argued certain portions of the indictment “include repeated references to the actions of independent actors at the Capitol on January 6, 2021” and “does not charge President Trump with responsibility for any of these actions,” so therefore, they are “not relevant” and “prejudicial and inflammatory.”

On Friday, Chutkan denied the former president’s motion to strike the portions from the indictment. In her ruling, she pushed back against the late October motion as well as another filing by Trump’s legal team in relation to his motion. 

“Regardless of whether the allegations at issue are relevant, Defendant has not satisfied his burden to clearly show that they are prejudicial,” Chutkan said in her ruling.

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Eighteen attorneys general filed an amicus brief in support of Trump's appeal on the gag order ruling, reflecting that even they feel Chutkan has overreached.

The amicus brief, led by Iowa Attorney General Brenna Bird and West Virginia Attorney General Patrick Morrisey, states that the U.S. District Court “overstepped its role” by declaring Trump cannot comment about court staff, prosecutors or potential witnesses in the 2020 election interference case

Additionally, the amicus brief states that such an order may “abridge free speech” and that it could “hinder and inhibit” the 2024 presidential campaign, in which Trump is currently the leading candidate for the Republican nomination.

But most knew Chutkan's bias would rear its ugly head, and as my colleague Bonchie wrote, under this Obama-appointed, J6 activist judge, Team Trump's efforts to defend their client would be blocked at every turn.

All that to say that there’s no reason to expect fairness in this situation. Chutkan is credibly expected to be on the warpath, and Trump’s legal team is going to have its work cut out for it. In the end, the only hope may be getting this in front of the U.S. Supreme Court. How that happens and how long that could take is an open-ended question.

Chutkan has scheduled Trump's trial date for March 4, 2024, one day before Super Tuesday, March 5. 

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Chutkan is naked in her political motivations, and this latest ruling only adds more fuel to the activist's fire.