Judge Chutkan Divides Trump and His Attorney - Newsweek

Divisions between former President Donald Trump and his attorney John Lauro are emerging less than a week since Trump was indicted by Special Counsel Jack Smith over his efforts to overturn his 2020 election loss.

The men appear to have two different ideas on how to proceed with the federal case, with Trump stating that his legal team will ask for D.C. District Judge Tanya Chutkan's recusal from the case and Lauro expressing hesitation to do so.

"Deranged Jack Smith is going before his number one draft pick, the Judge of his 'dreams' (WHO MUST BE RECUSED!), in an attempt to take away my FIRST AMENDMENT RIGHTS - This, despite the fact that he, the DOJ, and his many Thug prosecutors, are illegally leaking, everything and anything, to the Fake News Media!!!" Trump wrote in a Truth Social post on Monday morning.

Chutkan, an Obama appointee who was confirmed by a unanimous Senate vote, was selected at random to preside over the case. Nonetheless, she has a tough reputation for delivering some of the harshest sentences to January 6 defendants, saying that even though some of the people who were convicted for storming the U.S. Capitol weren't the masterminds behind the plans, that in itself was not a reason for them to receive a lower sentence.

Former President Donald Trump (R) has called for the judge in his D.C. trial, Tanya Chutkan, to be recused. His lawyer, John Lauro (L) has stopped short of asking for her to be removed from the case. Ramin Talaie/Corbis via Getty; Julie Bennett/Getty

This is also not Chutkan's first Trump case. Two years ago, she blocked the former president's effort to shield his White House records from the House committee investigating January 6, ruling that "Presidents are not kings, and Plaintiff is not President."

At the same time, she has not been as critical of Trump as some of her other colleagues. She has not expressed any indication that she will recuse herself at this time.

But while Trump seems focused on getting Chutkan removed from the latest case in Washington, D.C., his attorney has stopped short of calling for recusal or of filing any motions to have the judge dismissed.

"We haven't made a final decision on that issue at all," Lauro said a day earlier, per Politico's Kyle Cheney. Trump's attorney added that the former president's recusal calls were only stemming from Chutkan's nomination from a Democratic president, saying that Trump was approaching the matter as a "layman."

When asked about Trump's comments about Chutkan, Lauro told CBS News' Face The Nation on Sunday, "The problem with bringing a case like this in the middle of a campaign season is statements are going to be made in the context of a campaign." He did not address Chutkan's record of January 6 cases.

Newsweek reached out to Lauro via email for comment.

Neama Rahmani, a former federal prosecutor and the president of West Coast Trial Lawyers, told Newsweek that while a recusal motion would make for good politics, there is little chance it would be successful from a legal standpoint.

"Trump's lawyers know they can't show Judge Chutkan is biased...so they may not want to commit to pursuing a Hail Mary type motion," Rahmani said.

Lauro and Trump do seem to be in agreement when it comes to seeking a venue change. Both men have suggested that a West Virginia jury would be more appropriate than one in Washington, D.C.

On Sunday, Lauro said he would "absolutely" pursue a different venue, saying the defense team would like to see a diverse jury "that reflects the characteristics of the American people."

"It's up to the judge. I think West Virginia would be an excellent venue to try this case–very close to D.C. and a much more diverse," Lauro said, adding that they still expected a fair and just trial in D.C.

Trump himself has said that a fair trial would be "impossible" in D.C. and that it should instead take place in "the politically unbiased nearby State of West Virginia!"

"The latest Fake "case" brought by Crooked Joe Biden & Deranged Jack Smith will hopefully be moved to an impartial Venue, such as the politically unbiased nearby State of West Virginia!" the former president wrote on Truth Social on Wednesday.

"IMPOSSIBLE to get a fair trial in Washington, D.C., which is over 95% anti-Trump, & for which I have called for a Federal TAKEOVER in order to bring our Capital back to Greatness. It is now a high crime embarrassment to our Nation and, indeed, the World. This Indictment is all about Election Interference!!!"

It's unclear if an effort to move the venue would be successful. Dozens of January 6 defendants have sought to do the same, but have been unable to persuade federal judges to transfer their cases.

"The recusal and venue motions may help with campaign contributions or give Trump an excuse if he loses at trial," Rahmani told Newsweek. "And Trump has a reputation for not following his lawyers' advice, so he may not want to hear what his lawyers are telling him."

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