Earlier on Tuesday, as Spencer covered, a grand jury in Washington D.C. investigating the events of and leading up to January 6, 2021 delivered an indictment in which former and potentially future President Donald Trump is the defendant. Not only has the indictment earned attention for its politicized nature, but also because of who has been assigned to handle the case, U.S. District Judge Tanya Chutkan, an appointee of President Barack Obama.
Judge Chutkan gets the draw.
— emptywheel (@emptywheel) August 1, 2023
A hard grader. pic.twitter.com/6yuXk1L2bZ
Judge Chutkan has had a history of ruling against Trump before when it comes to his attempts to invoke executive privilege to keep his records from the January 6 select committee. That's not the only concern, though, as she also has a history of ruling harshly against defendants in January 6 cases, even handing out harsher sentences than what federal prosecutors are looking for.
This isn't just the chatter on social media in light of Tuesday's news. In June of last year, the Associated Press profiled Chutkan in a headline reading "In Jan. 6 cases, 1 judge stands out as the toughest punisher." As the report mentions, with added emphasis:
Chutkan, a former assistant public defender who was nominated to the bench by President Barack Obama, has consistently taken the hardest line against Jan. 6 defendants of any judge serving on Washington’s federal trial court, which is handling the more than 800 cases brought so far in the largest prosecution in Justice Department history.
Chutkan has handed out tougher sentences than the department was seeking in seven cases, matched its requests in four others and sent all 11 riot defendants who have come before her behind bars. In the four cases in which prosecutors did not seek jail time, Chutkan gave terms ranging from 14 days to 45 days.
Overall, the 20 judges who have sentenced riot defendants have given lighter sentences than prosecutors were seeking in nearly three-fourths of the cases. The judges have exceeded prosecutors’ recommendation for about only 10% of the defendants, according to AP’s analysis.
Most judges — appointed by presidents of both political parties — have gone easier on defendants than prosecutors wanted in most or all of their cases so far. While some judges have sentenced few Jan. 6 defendants, no other judge besides Chutkan has exceeded prosecutors’ recommended punishment in most of the cases assigned to them.
The report also highlights the different treatment that defendants have received when going before Chutkan versus another judge:
In one case, two friends from Indiana, Dona Sue Bissey and Anna Morgan-Lloyd, both pleaded guilty to the same misdemeanor offense for engaging in essentially the same conduct inside the Capitol. Prosecutors did not seek jail time for either, noting their lack of a criminal record.
Chutkan sentenced Bissey to 14 days in jail. A different judge sentenced Bissey’s friend to probation.
That Chutkan has been assigned the case has led to concerns that Trump will not be receiving a fair trial.
This is in front of Judge Tanya Chutkin.
— Leslie McAdoo Gordon 🇺🇸 (@McAdooGordon) August 1, 2023
Probably the worst draw he could have gotten. Maybe the next to worst. https://t.co/wcbxyL3baC
The mere fact Trump must appear in DC guarantees a conviction
— Meredith Marshall (@MeredithMarsha1) August 1, 2023
DC juries loathe Republicans, especially Trump
Will Judge Chutkan be fair? In another universe far far away https://t.co/c3H8Dmv4RR
Among those who appeared most concerned include Julie Kelly, who has spoken at length about the events on January 6. She warned that Trump is "doomed," and brought to mind a memorable part of a previous ruling from Chutkan against Trump.
More on this later but she's the judge who forced Trump to turn over records to J6 committee.
— Julie Kelly 🇺🇸 (@julie_kelly2) August 1, 2023
"But Presidents are not kings, and Plaintiff is not President. He retains the right to assert that his records are privileged, but the incumbent President 'is not constitutionally… pic.twitter.com/GmJC3sxlmG
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