President Donald Trump made a move in his lawsuit against Hillary Clinton over the fabricated Russia collusion story from the 2016 election.
Trump filed a motion to remove the judge in the case because was appointed by former President Bill Clinton.
The 45th president is suing Hillary for funding the now-debunked anti-Trump Steele Dossier that led to the investigation into his campaign.
Clinton also promoted false claims that Trump was a Russian spy.
Trump’s motion makes clear the judge must be impartial.
The motion says:
The basis for the disqualification of the presiding Judge is that Donald M. Middlebrooks was nominated to his current position as a Federal Court Judge, on January 7,1997, by the then 42nd President of the United States, William J. Clinton.
William J. Clinton and the Defendant, HILLARY CLINTON, are presently husband and wife. HILLARY CLINTON was married to William J. Clinton, during the time her husband nominated Judge M. Middlebrooks to his current position, as Federal Court Judge, and HILLARY CLINTON acted as First Lady of the United States, during the time of the Judge’s nomination.
Due to the fact that the Defendant, HILLARY CLINTON is being sued by her former opponent for the United States Presidency, an election that she lost, regarding serious allegations on her part, as well as her allies, of engaging in fraudulent and unlawful activities against the Plaintiff, and because her husband nominated Judge Middlebrooks to the Federal Bench, there exists a reasonable basis that Judge Middlebrooks’ impartiality will be questioned.
28 USC 455 provides that “(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
Due to the fact that Judge Middlebrooks has a relationship to the Defendant, HILLARY CLINTON’s husband, by way of his nomination as Judge to this Court, this amounts to prejudice so virulent or pervasive as to constitute bias against a party.
Moreover, the Plaintiff is unaware of the exact extent of the relationship between Judge Middlebrooks and the Defendant, HILLARY CLINTON, herself, who acted as First Lady of the United States, during the time of the Judge’s nomination to Federal Court Judge. The Plaintiff is also unaware if the Judge has current relationship with either the Defendant, HILLARY CLINTON, or her husband, and how far back the relationship has existed.
In this circuit, “the test for determining whether a judge’s impartiality might reasonably be questioned is an objective one and requires asking whether a disinterested observer fully informed of the facts would entertain a significant doubt as to the judge’s impartiality.”
There is no question that Judge’s Middlebrooks’ impartiality would be questioned by a disinterested observer, fully informed of the facts, due to Judge’s relationship with the Defendant, either, individually, or by the very nature of his appointment to the Federal Bench, by the Defendant’s husband.
The most important issue is not simply that justice must be done, but also that justice must appear to be done. This could not be more important in a case like the above styled cause, where wrongs in regard to a presidential election are to be redressed.
Due to the reasonable questioning of the Judge’s impartiality, based on the Judge’s nomination as a Federal Court Judge, the Honorable Judge Middlebrooks should be disqualified from this Case, and should recuse himself from acting in any capacity in this subject litigation.
Former President Donald Trump wants to remove the federal judge assigned to his lawsuit against Hillary Clinton, the Democratic National Committee, and others tied to the so-called “Russiagate” controversy.
— Washington Examiner (@dcexaminer) April 4, 2022