Ex-federal judge warns Trump that his ‘inexcusable’ attacks on judges could ‘imperil’ his cases

J Michael Luttig branded the former president’s online attacks ‘a grave disservice to the nation’

Former President Donald Trump’s “inexcusable” online attacks on judges overseeing his legal battles could “imperil” his cases, a retired judge said.

“The former president’s comments and attacks on the federal judiciary and on the specific individual judges who will preside over his trials are unprecedented in American history,” J Michael Luttig, a former federal appeals court judge told CNN.

“They are a grave disservice to the nation. They are inexcusable,” he continued. “And they imperil the former president himself in the defence of his actions on January 6th before the juries that will hear his case.”

Mr Luttig was referring to the former president’s comments about Judge Tanya Chutkan, who is presiding over his federal case related to his alleged efforts to overturn the 2020 election.

“IF YOU GO AFTER ME, I’M COMING AFTER YOU!” he wrote, days after being indicted in the case. He also wrote, “THERE IS NO WAY I CAN GET A FAIR TRIAL WITH THE JUDGE ‘ASSIGNED’ TO THE RIDICULOUS FREEDOM OF SPEECH/FAIR ELECTIONS CASE. EVERYBODY KNOWS THIS, AND SO DOES SHE!”

The former president continued, “WE WILL BE IMMEDIATELY ASKING FOR RECUSAL OF THIS JUDGE ON VERY POWERFUL GROUNDS, AND LIKEWISE FOR VENUE CHANGE, OUT IF (sic) D.C.”

These remarks prompted prosecutors to request a protective order restricting what Mr Trump and his team can do with evidence shared with them. They wrote: “Such a restriction is particularly important in this case because the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him.”

Former US President Donald Trump looks on during Round 3 at the LIV Golf-Bedminster 2023 at the Trump National in Bedminster, New Jersey on August 13, 2023. (AFP via Getty Images)

“This is, of course, a pattern that the former president has engaged in since at least the day that he assumed office in 2016,” Mr Luttig said.

The retired judge recently made headlines after testifying before the January 6 committee, delivering pointed words in a signature speaking style: “Our democracy today is on a knife’s edge.”

J. Michael Luttig, former U.S. Court of Appeals judge for the Fourth Circuit, testifies before the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on June 16, 2022 in Washington, DC. (Getty Images)

Last week, Judge Chutkan warned Mr Trump’s attorneys about their client’s “inflammatory” online statements—and the posts’ potential consequences. “I will take whatever measures are necessary to safeguard the integrity of these proceedings.”

She continued, “Even arguably ambiguous statements from parties or their counsel if they can be reasonably interpreted to intimidate witnesses or to prejudice potential jurors, can threaten the process...The more a party makes inflammatory statements about this case which could taint the jury pool … the greater the urgency will be that we proceed to trial quickly.”

Even after the warning, Mr Trump called the judge “highly partisan,” adding, “She obviously wants me behind bars. VERY BIASED & UNFAIR!”

Mr Luttig’s remarks came the same day that a Texas woman, Abigail Jo Shry, 43, was arrested and charged with threatening to kill Judge Chutkan. She left a “threatening voicemail message”—which also included racial slurs—after calling the judge’s chambers on 5 August, according to court documents filed with the South District of Texas Court.