On Monday night, Judge Tanya Chutkan of the Obama administration refused the Trump defense team’s efforts to subpoena members of the House January 6 Committee for testimony.
This decision denies the ability for a transparent and fair examination of evidence related to events on Jan. 6.
The Trump defense team alleges that documents, including transcripts of testimonies, are missing from the Jan. 6 Subcommittee which could provide further insight into what occurred.
This refusal by Judge Chutkan impedes justice in this matter and indicates an authoritarian disregard for due process.
Judge Chutkan WILL NOT allow Trump access to these lost documents. Why not?
CBS News reported:
Judge Tanya Chutkan on Monday denied Trump’s request, after his lawyers had asked the court in October to approve subpoenas for records from the National Archives and Records Administration, the House Administration Committee, Rep. Bennie Thompson, the Democratic chair of the House Jan. 6 panel, and others. Attorneys for Trump allege there are missing records from the now-disbanded committee that they would like for pretrial preparation. But members of the committee say there is no missing material.
Trump’s attorneys have not yet said whether they’ll appeal Chutkan’s decision.
The former president has pleaded not guilty to four felony charges accusing him of trying to overturn the 2020 presidential election results.
Trump’s attorneys had asked Chutkan to recuse herself from the case, but she said she would not.
CNN added this:
Trump’s attorneys had claimed in their motion to subpoena records from the committee, its Chairman Bennie Thompson, and others that the committee and federal officials withheld some materials related to the investigation. His defense lawyers also argued that special counsel Jack Smith’s investigation into Trump had “significant overlap” with the House select committee’s investigation.
With the case slated to go to trial in March, Judge Tanya Chutkan is still considering several pretrial motions from Trump’s team, including long-shot motions to dismiss the entire case. Trump has pleaded not guilty to the criminal charges stemming from efforts to overturn the 2020 election.
Thompson has defended his panel’s archival process. He said this summer that the committee wasn’t required to keep all of the records it amassed during the monthslong investigation, in response to accusations from Rep. Barry Loudermilk, currently overseeing a House Republican probe into the committee’s work, that certain records were missing.
Chutkan, in her ruling Monday, said Trump had not sufficiently justified his subpoena requests and did not establish relevance between the case and certain items he wanted to subpoena, including recorded interviews. The order also says that some of the requested material has already been provided to Trump’s team through discovery.
Last week, the Trump team requested documents related to Jan. 6; however, the documents provided were redacted. This has raised concerns about the lawfulness of this action due to lack of transparency and accountability.
Cristina Laila recently posted on how important it is for the Trump team to obtain this crucial information in order for a fair trial.
Without access to these documents, an adequate defense cannot be made, highlighting a clear violation of due process and undermining our justice system as a whole.
It is essential that there is public outcry surrounding this issue in order to ensure that justice prevails.
From the request.
Trump’s attorneys filed a motion for discovery in Special Counsel Jack Smith’s case demanding documents regarding informants and undercover agents related to January 6.
“Please provide all documents regarding informants, cooperators, undercover agents, representatives, or anyone acting in a similar capacity on behalf of or at the behest of the Department of Justice or any law enforcement agency…who was present at or within five miles of the United States Capitol on January 6, 2021,” Trump’s lawyers wrote in the 9-page discovery letter.
Trump’s trial date for Jack Smith’s January 6 case is currently scheduled for March 4, 2024 (election interference).