Updated Sep 11, 2023 - Politics & Policy

Trump asks judge overseeing Jan. 6 case to recuse herself

Former President Trump on Sept. 8 in Rapid City, South Dakota. Photo: Scott Olson/Getty Images

Former President Trump requested a new judge Monday to oversee the federal trial into his alleged efforts to overturn the 2020 election.

Driving the news: Trump's attorneys wrote in a court filing that U.S. District Judge Tanya S. Chutkan should recuse herself because she has "suggested that President Trump should be prosecuted and imprisoned."

  • "Such statements, made before this case began and without due process, are inherently disqualifying," the attorneys wrote in the filing.

The big picture: Trump has repeatedly criticized Chutkan on his Truth Social account – despite the judge's warning him not to make "inflammatory statements" about the case – and has accused the Obama appointee of wanting to see him "behind bars."

What they're saying: "Although Judge Chutkan may genuinely intend to give President Trump a fair trial—and may believe that she can do so—her public statements unavoidably taint these proceedings, regardless of the outcome," the filing states, adding that the public will question whether her decisions in the matter are impartial.

Of note: Chutkan has previously worked on a case involving Trump, denying his 2021 motion to halt records from being turned over to the Jan. 6 committee, writing, "Presidents are not kings, and Plaintiff is not president."

Go deeper: Federal judge warns Trump's right to free speech "not absolute"

Editor's note: This is a breaking news story. Please check back for updates.

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