Swansenreport

Here are the key points of the Defendant’s Motion to Disqualify Judge Beryl Howell:

* **Motion Basis**: The defendants are seeking to disqualify Judge Beryl Howell under 28 U.S.C. § 455(a) due to concerns that her impartiality might reasonably be questioned.

* **Main Argument**: The defense argues that Judge Howell has demonstrated partiality and animus towards President Trump through her prior actions and statements, both in and out of the courtroom.

* **Examples of Alleged Bias**:

    * Enabling the efforts of former prosecutor Jack Smith despite a perceived lack of venue.

    * Suggesting in public that President Trump is an authoritarian.

    * Incorrectly finding President Trump to be a flight risk.

    * Comments made during a hearing on a temporary restraining order (TRO) that referenced the investigation of Special Counsel Robert Mueller.

* **Legal Standard for Recusal**:

    * Recusal is mandatory if a judge’s impartiality might reasonably be questioned (28 U.S.C. § 455(a)).

    * Recusal is also required if the judge has a personal bias or prejudice concerning a party (28 U.S.C. § 455(b)(1)).

    * The standard is based on the *appearance* of bias, not the reality of it.

* **Specific Instances Cited**:

    * A November 2023 speech where Judge Howell warned of a path toward authoritarianism.

    * Judge Howell’s response to a dismissal motion related to January 6th, where she criticized President Trump’s supporters.

    * Judge Howell’s finding that there was reason to believe President Trump would “flee from prosecution”.

    * The judge’s ruling that private documents belonging to President Trump’s personal attorney must be given to Smith.

    * Judge Howell holding Twitter in contempt of court for failing to comply with Jack Smith’s demand for President Trump’s Twitter direct messages.

    * Comments made during the hearing about the Fusion GPS report.

* **Underlying Case**: The lawsuit challenges President Trump’s Executive Order addressing risks from Perkins Coie LLP, a firm with connections to the Durham Investigation and the Mueller investigation.

* **Requested Action**: The defendants request that Judge Howell recuse herself and that the case be reassigned to a judge without any appearance of hostility toward the current administration and who is unconnected to the Mueller Report or Durham Investigation.

Sources

[1] 67ddbfb4f6e170fa00b1b4ef_DQ_Motion.pdf https://cdn.prod.website-files.com/65a5dbf7ffda034a47a316a2/67ddbfb4f6e170fa00b1b4ef_DQ_Motion.pdf