Tanya Chutkan, Trump Election Indictment Judge, Ruled Against Him Before

• US District Judge Tanya Chutkan has been assigned to the 2020 election fraud case against Trump.
• Chutkan has gained a reputation for tough sentences against Jan. 6 Capitol rioters.
• She previously rejected Trump’s request to block Jan. 6 records being released to a House committee.

The judge initially assigned to former US President Donald Trump’s latest indictment has been a harsh punisher of January 6, 2021 rioters — and she’s ruled against Trump before.

US District Judge Tanya Chutkan, a trial lawyer with significant experience who was appointed to the bench in 2014 by then-President Barack Obama, previously refused Trump’s request in November 2021 to block the release of records to the US House of Representatives January 6 committee. 

At the time, Chutkan said the committee had an interest in obtaining the documents, as they could shed light on the insurrection and Trump’s supporters’ violent actions on January 6, 2021. 

She also called Trump’s suit to block the National Archives from turning over the documents “a dispute between a former and incumbent President,” as US President Joe Biden had already allowed the archives to release the records, according to an AP story at the time. 

“And the Supreme Court has already made clear that in such circumstances, the incumbent’s view is accorded greater weight,” she said. 

Then, in a now iconic line, Chutkan said: “Presidents are not kings, and Plaintiff is not President.”

Chutkan also has a consistent record of throwing the book at convicted January 6, 2021, rioters, often more than other judges serving in DC’s federal trial court.

In seven cases, handing down sentences harsher than Justice Department prosecutors recommended, and in four cases, matching sentencing recommendations. All 11 rioters who have come before her were sentenced to jail time, according to an AP analysis. In four cases where prosecutors didn’t seek jail time, Chutkan’s sentences ranged from 14 days to 45 days. 

During an October 2021 sentencing of one rioter, Chutkan said: “There have to be consequences for participating in an attempted violent overthrow of the government beyond sitting at home,” adding: “The country is watching to see what the consequences are for something that has not ever happened in the history of this country before.” 

According to Politico, she then sentenced the defendant to 45 days in prison — while federal prosecutors had sought three months of house arrest.