Rejecting former President Donald Trump’s lawyers’ motion to dismiss Special Counsel Jack Smith’s Jan. 6, 2021 case of election interference, 61-year-old Washington, D.C. circuit court Judge Tanya Chutkan said Trump does not have “a get-out-of jail pass.” Chutkan asserted for the first time that Trump did not have immunity, just because he was president at the time that vandals ransacked the U.S. Capitol Jan. 6, 2021. “Whatever immunities a sitting president may enjoy, the Unites States has only one chief executive at a time, and that position does not confer a lifelong “get-out-jail-free pass,” Chutkan wrote in a ruling. Chutkan knows Trump can appeal her ruling but doesn’t hestitate to publicly humiliate Trump whenever given the chance. Chutkan, as a disinterested judge responsible for Trump’s criminal rights now exposes her extreme prejudice against him.
Chutkan understands that Trump has every right to file a motion to dismiss what he views a spurious, politically-motivated charges. What kind or criminal justice system does the U.S. have when the Department of Justice, FBI and intel agencies are used in a political witch-hunt? Trump and his attorney’s argue the case against Trump should be thrown out because the government has no probable cause to charge Trump for breaking the law on Jan. 6. Smith argues in charging Trump that Trump was involved in planning the Jan. 6 Capitol riots that attempted to prevent Congress from certifying President Joe Biden’s Nov. 3, 2020 presidential election results. Trump and his backers claim that Trump won the election but was sabotaged by unethical Democrat election workers. Democrats and the press claim that Trump has no basis for alleging voter fraud.
Chutkan’s ruling assumed facts not in evidence that Trump was guilty of leading an insurrection against the U.S. government. Colorado Judge Sarah B. Wallace said Trump violated the 14th Amendment prohibiting him for running for president but can still be on the ballot. Wallace, like Chutkan, acts like she has evidence against Trump he planned and orchestrated the Jan. 6 Capitol insurrection, yet can continue on the Colorado ballot. What does Chutkan and Wallace know that everyone else doesn’t know? House Democrats and two Republicans accused Trump of knowingly planning the Jan. 6 Capitol insurrection but have no facts in evidence that proves their case. Democrats accused Trump during his Jan. 6 impeachment trial of planning and organizing the Jan. 6 Capitol insurrection. Neither Chutkan nor Wallace have any facts to support their case against Trump.
Before Chutkan makes public statements about Trump not having, as former president, a get-out- of-jail card, she’d better be the trier of fact to make that determination. Chutkan knows that a jury, not her, is going to be the trier of fact. So, why would a judge make prejudicial statements influencing the jury pool? Judge Chutkan, like Special Counsel Jack Smith, knows it’s inappropriate for a judge to influence the presumption of innocence, rule of law or the 14th Amendment’s guarantee of due process. Chutkan has admonished Trump’s lawyers for allowing Trump to disparage prosecutors or judges, threatening to place gag order on the former president. But only Trump should not engage in witness tampering or prejudice jury selection, judge should not be doing the same. If Chutkan wants Trump to show restraint on his social network account, she should show restraint herself.
Chutkan wants Trump to exercise restraint on social networks but doesn’t Chutkan follow her own advice when giving Democrat zealots and the media instructions? Why should Democrats and the press prosecute Trump on the airwaves but Trump can’t speak out to his own defense on his Truth Social platform? When it comes to the rule of law and presumption of innocence Trump can’t get a break in the press where practically every journalist wants him convicted of all charges. When it comes to partisan Democrats, it’s understandable how they’d try to present only incriminatory facts. Exculpatory evidence must be kept out of the press by Democrats, all because it would weaken the government’s case against Trump. Chutkan knows when she makes derogatory statements against a future criminal defendant, it makes a fair trial all but impossible.
No appeals court would like to hear Chutkan making incendiary comments about Trump’s “get-out-of-jail-card.” Chutkan should resign immediately from the case knowing she violated every judicial principle of impartiality, prejudicing Trump 14th Amendment right to due process. Not one Democrat and certainly no one in the media has respected Trump’s right to a fair trial, instead running 24/7 coverage talking to legal experts about Trump guilt. If Judge Chutkan wanted to preserve the rule of law, she’d recue herself from the case and order all Democrats and media to stop presenting evidence on national TV. Whatever motions Trump’s lawyers file in his defense, it’s not up to the press or judges to discuss his case publicly, denying the former president his right of due process. Chutkan has a lot of nerve grandstanding in public about Trump’ case.
About the Author
John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He’s editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.
