Tag: Judge Tanya Chutkan

Legal Expert Lays Out Why Trump’s Legal Cases Will Not Return After He Leave Office in Four Years

Daily Caller News Foundation
Elie Honig, CNN clip

by Nicole Silverio   CNN senior legal analyst Elie Honig said Tuesday that the dismissed legal cases against President-elect Donald Trump will not return once he leaves office in January 2029. Judge Tanya Chutkan granted Special Counsel Jack Smith’s request Monday to dismiss the election subversion case he brought against President-elect Donald Trump to align with the Department of Justice’s (DOJ) precedent of not prosecuting a sitting president. Honig said while the case was dismissed without prejudice, there are many strategies the Trump administration can adopt in order to ensure the case is never revived. “Yes, technically the cases were dismissed without prejudice, which means technically someone could come back in 4 years and reinstitute these charges. But that’s correct in the same sense that the New York Jets could technically make it to the Super Bowl this year,” Honig said. “It’s not mathematically eliminated. That’s not gonna happen for a lot of reasons. First of all, four years from now is an eternity. Whoever the next president is in 2029, the next attorney general is gonna have no appetite in bringing this case back and you’re right, Jim [Acosta], there are moves Donald Trump’s DOJ could make. They can go back…

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Jack Smith Should Not Disclose More Evidence Against Trump During Early Voting, Trump Attorneys Argue

Daily Caller News Foundation

Special counsel Jack Smith should not release more evidence in his case against former President Donald Trump during early voting, defense attorneys told the judge in a filing Thursday.

Allowing Smith to release the appendix attached to his motion on presidential immunity, which Judge Tanya Chutkan already allowed Smith to file on the public docket, would be a continuation of “overt and inappropriate election interference,” Trump’s attorneys argued.

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Jack Smith’s Use of Obstruction Law Limited by Supreme Court ‘Fatally Undermines’ Case, Trump Attorneys Argue

Daily Caller News Foundation
Supreme Court

Special counsel Jack Smith’s election interference case falls apart under recent Supreme Court precedent, former President Donald Trump’s attorneys said Thursday.

The Supreme Court’s ruling in Fischer v. United States, which scaled back the Biden-Harris Department of Justice’s (DOJ) overbroad use of an obstruction statute designed to target corporate document shredding against Jan. 6 defendants, “fatally undermines” two counts and requires dismissing two others, Trump’s attorneys wrote.

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Jack Smith Requests Delay in Trump Case to Assess Impact of Supreme Court’s Presidential Immunity Ruling

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Special counsel Jack Smith requested a delay Thursday night in former president Donald Trump’s election interference case.

Prosecutors wrote in a filing that the government is still assessing the impact of the Supreme Court’s presidential immunity ruling and asked for the timeline to be pushed back several weeks. Judge Tanya Chutkan previously scheduled a hearing for Aug. 16, but Smith requested permission to instead file a proposed schedule for pretrial proceedings by the end of the month, effectively delaying any action until September.

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Commentary: Supreme Court’s Immunity Decision Has Democrats in Hysterics, Again

RealClearWire
Trump and Supreme Court

Reasonable constitutional scholars and jurists could quibble about the details and impact of the Supreme Court’s immunity decision in Trump v. United States, but the hysteria coming from the left, including President Joe Biden and dissenting Justices Sonya Sotomayor and Ketanji Brown-Jackson, is beyond rational discourse. An inability to control emotions and anger has become commonplace for progressives who don’t get their way.

Writing for a 6-3 majority, split on ideological lines, Chief Justice John Roberts’ opinion laid out a three tiered approach to presidential immunity premised on the Constitution’s vesting of the complete executive power in one individual, giving him duties and power of “unrivaled gravity and breadth” and making that individual a full and equal branch of the United States government, alongside the Congress and courts. Roberts observed that the president’s constitutional powers are often “conclusive and preclusive” and those powers may not be subject to review by Congress or the courts.

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Federal Appeals Court Temporarily Pauses Trump Gag Order

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A federal appeals court temporarily paused the gag order against former President Donald Trump in his 2020 election case on Friday.

The Court of Appeals for the District of Columbia temporarily paused the order issued Oct. 17 by District Judge Tanya Chutkan to allow time to consider Trump’s request for a longer freeze on its enforcement pending appeal. The court ordered Trump’s appeal to be expedited, requesting briefing from Trump’s legal team by Nov. 8 and scheduling oral arguments for Nov. 20.

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Trump’s Lawyers Argue Judge’s Failure to Recuse Will Cause ‘Irreparable Damage’ to Judicial System for ‘Generations’

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Former president Donald Trump’s lawyers doubled down on their call for the judge hearing his 2020 election case to recuse in a Sunday court filing, arguing that her failure to do so would cause “irreparable damage” to the judicial system for “generations to come.”

Special Counsel Jack Smith’s office made a fiery defense of U.S. District Court Judge Tanya Chutkan, an Obama appointee, in a Friday filing, where they slammed Trump’s recusal request as having “no valid basis” and accused him of cherry-picking statements that don’t actually show “improper bias.” Trump based the initial call last week for Chutkan to recuse on remarks she made during sentencing hearings for two Jan. 6 defendants that allegedly suggested Trump should be prosecuted and imprisoned.

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Trump Legal Team Asks Jan. 6 Case Judge to Recuse Herself

Just the News

Former President Donald Trump’s legal team on Monday filed a motion seeking the recusal of Judge Tanya Chutkan, asserting that her prior statements suggest a bias against the former president.

Specifically, the ex-commander-in-chief’s attorneys asserted that prior statements she made that they saw “create a perception of prejudgment incompatible with our justice system,” CBS reported. “Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned. Such statements, made before this case began and without due process, are inherently disqualifying.”

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Commentary: Forget ‘Contempt of Court,’ What About ‘Contempt of Public’?

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We have all heard about contempt of court and contempt of Congress. They are offenses for which one may be fined or jailed. But what about contempt of public? What’s the penalty for that?

I don’t know that you will find contempt of public in the statute books. If not I offer up the phrase free and for nothing to the bureaucrats who look after such things. I think it should be added to our vocabulary if not to our code of laws. It names a grievous assault on the community. By making a travesty of the rules and institutions that undergird our social life, contempt of public threatens to undermine that essential if often hard-to-define societal lubricant: trust.

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Obama Judge Sides with January 6 Committee, Denies Trump’s Executive Privilege Claims

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In a 34-page ruling issued Tuesday night, D.C. District Court Judge Tanya Chutkan denied Donald Trump’s request for injunctive relief to prevent the January 6 Select Committee from obtaining privileged information currently housed at the National Archives. In August, Representative Bennie Thompson (D-Miss.), chairman of the committee, demanded “a wide range of White House records of the previous administration . . . [related to] how the January 6th events fit in the continuum of efforts to subvert the rule of law, overturn the results of the November 3, 2020 election, or otherwise impede the peaceful transfer of power.” 

The National Archives notified the committee a few days later it would comply with the request for documents; Joe Biden twice denied Trump’s claims of executive privilege, something without precedent, which Chutkan noted: “This case presents the first instance . . . in which a former President asserts executive privilege over records for which the sitting President has refused to assert executive privilege.”

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