An Obama-appointed federal judge has rejected President Donald Trump’s motion to strike from Special Counsel Jack Smith’s case any false claims about Jan. 6.
Trump’s legal team requested that Smith’s claims that the 45th president caused the events at the U.S. Capitol on Jan. 6, 2021, should be struck.
According to the New York Times, the ruling comes from Judge Tanya Chutkan.
Chutkan is the judge, with deep Democrat ties, who is overseeing Smith’s so-called election interference case.
Smith has brought against Trump on behalf of the Democrats and President Joe Biden ahead of the 2024 election.
In his politically motivated case, Smith claims that Trump engaged in criminal activity in and around the 2020 presidential election.
However, Trump and his legal team have vigorously denied these claims.
In one of their recent motions in this case, Trump and his legal team asked Chutkan to strike from the indictment any language that suggested that he was responsible for bringing about the Capitol protest of Jan. 6, 2021.
The NY Times reports:
Last month, Mr. Trump’s lawyers asked Judge Chutkan to strike any mention of the riot at the Capitol from the 45-page indictment filed against him this summer in Federal District Court in Washington.
The lawyers argued that since none of the four charges in the case explicitly accused Mr. Trump of inciting the violence that day, any reference to the mob attack would be prejudicial and irrelevant.
Smith responded to this motion by arguing that such language is key to proving that Trump planned to obstruct Congress’s certification of the results of the 2020 presidential election.
Now, Chutkan has sided with Smith.
In a three-page opinion, Chutkan claimed that the language would not be prejudicial.
“Regardless of whether the allegations at issue are relevant, Defendant has not satisfied his burden to clearly show that they are prejudicial,” the judge wrote.
Chutkan’s ruling is not surprising given her Democrat ties.
She has been linked to, among other things, the law firm at which Hunter Biden worked.
She has also demonstrated an anti-Trump bias, most notably, by giving harsher sentences in Jan. 6 cases than those requested by prosecutors.
With this in mind, nothing is expected to go Trump’s way in this case.
And, thus far, nothing has gone his way.
For his part, Trump continues, on social media, to rail against Smith and the others who have brought criminal cases against him.
In one of his latest messages on the subject, Trump, once again, accused Smith and the others of running “election interference” for Biden.
Trump also accused Smith and the others of “prosecutorial misconduct.” Trump wrote:
“These Fake Political cases brought against me could have been filed years ago, but these Crooked and Biased Prosecutors, working closely with my Political Opponent in Washington, D.C., Crooked Joe Biden, waited, and waited, and waited, and filed them right in the middle of my campaign for President.
“Why do you think that Fani, and Alvin, and Letitia and, of course, the Deranged One, Jack Smith, took sooo long after very publicly (LEAKS!) starting their ‘work?’
“ELECTION INTERFERENCE!!! PROSECUTORIAL MISCONDUCT!!!”