Tanya Chutkan was almost the judge for Donald Trump's trial. Now, her Jan. 6 defendants are hoping for his pardon.
The federal district judge has consistently recognized that the outcome of Trump's case was largely beyond her control.
TroibNews 
Tanya Chutkan once envisioned that a significant part of 2024 would be devoted to overseeing a historic trial: the prosecution of Donald Trump for allegedly attempting to undermine the transfer of power. However, instead of that momentous occasion, the federal judge found herself in an unoccupied courtroom Tuesday afternoon with John Banuelos.
Banuelos, an outspoken individual from Chicago with a checkered past, faces charges for discharging a firearm into the air while hanging from the scaffolding during the Capitol riot on January 6, 2021. He stands out as the sole individual known to have fired a gun that day besides the police officer who fatally shot a rioter trying to breach the speaker’s lobby. Banuelos is now seeking a pardon from Trump but expressed optimism that regardless of the outcome, his jail mates would eventually go free.
During a 45-minute session, Banuelos urged Chutkan for leniency, expressing a desire for a release from pretrial detention before Christmas, and sought her guidance regarding his case—a request she deemed unethical. He criticized his court-appointed attorney, labeling them a “public pretender,” alleged that the main prosecutor was merely pursuing a paycheck, and implored Chutkan to assist him in mitigating his punishment.
Chutkan responded with a touch of irony: “Federal judges have far less authority than you think.”
“Judges are not kings,” she reiterated, adding swiftly, “Neither are presidents.” This echoed her notable ruling from 2021 that allowed January 6 investigators access to Trump’s White House documents, which contributed to special counsel Jack Smith’s eventual criminal charges against Trump—charges that have now been dismissed as Trump makes a comeback in the election.
Following Trump’s victory in the upcoming election, Chutkan has remained relatively quiet as Smith requested the dismissal of the case. She has recognized the reality that the case's fate lies predominantly beyond her control, subject to appellate court decisions and political developments.
Last month, Chutkan promptly finalized the paperwork for the dismissal, avoiding any unconventional moves that could delay the process or necessitate additional public explanations.
Currently, Chutkan is among numerous federal trial judges in Washington handling cases where defendants from January 6 are attempting to evade repercussions by invoking Trump’s promise to pardon them. She has previously stated that the rioters attacked the Capitol “in loyalty, to one man—not to the Constitution.”
Banuelos took advantage of his rare opportunity to speak with Chutkan to share his grievances about the judicial system, expressing admiration for her as a figure committed to justice rather than politics. He surmised that she was well-versed in philosophical texts, including those by Marcus Aurelius, and believed she had his best interests at heart.
“I believe in you for real,” Banuelos declared after receiving Chutkan’s consent to seek a new public defender.
For Chutkan, the lively hearing appeared to bring a sense of normalcy. She engaged in banter with Banuelos, matching his quick-fire complaints. Drawing from her experiences as a former public defender, she defended the attorneys he disparaged and used his dissatisfaction as an opportunity to enlighten him about the roles of judges, prosecutors, and defense attorneys in the judicial system.
“My job is to administer justice. I’m the umpire,” she clarified. “Your lawyer … represents you and only you.”
Chutkan emphasized that she could not meet with him privately, just as she wouldn’t meet with the prosecutor outside of exceptional, publicly justified circumstances. Ultimately, she reminded Banuelos that it was her decision to detain him prior to trial and that his lawyer had diligently advocated for his release.
When Banuelos expressed frustration that Assistant U.S. Attorney Rebekah Lederer hadn’t considered “my kids” or “my dog” in her detention arguments, Chutkan pointed out it was not Lederer’s responsibility.
“Her job is to prosecute you,” Chutkan stated.
She concluded the hearing by advising Banuelos to give his next attorney a fair chance and to avoid making “snap judgments about people.”
“You don’t have to share the same political beliefs as your lawyer,” Chutkan explained. “Your lawyer’s political beliefs have no bearing on how hard they’ll fight for you. … It’s not some kind of political litmus test.”
Chutkan added that Banuelos seemed to derive hope from the belief that the election results in 2024 would bring him some relief from prosecution.
“Even if I don’t get pardoned, they’re going to free the guys,” Banuelos noted. “A nation divided can’t stand. Enough is enough.”
Mathilde Moreau for TROIB News
Banuelos, an outspoken individual from Chicago with a checkered past, faces charges for discharging a firearm into the air while hanging from the scaffolding during the Capitol riot on January 6, 2021. He stands out as the sole individual known to have fired a gun that day besides the police officer who fatally shot a rioter trying to breach the speaker’s lobby. Banuelos is now seeking a pardon from Trump but expressed optimism that regardless of the outcome, his jail mates would eventually go free.
During a 45-minute session, Banuelos urged Chutkan for leniency, expressing a desire for a release from pretrial detention before Christmas, and sought her guidance regarding his case—a request she deemed unethical. He criticized his court-appointed attorney, labeling them a “public pretender,” alleged that the main prosecutor was merely pursuing a paycheck, and implored Chutkan to assist him in mitigating his punishment.
Chutkan responded with a touch of irony: “Federal judges have far less authority than you think.”
“Judges are not kings,” she reiterated, adding swiftly, “Neither are presidents.” This echoed her notable ruling from 2021 that allowed January 6 investigators access to Trump’s White House documents, which contributed to special counsel Jack Smith’s eventual criminal charges against Trump—charges that have now been dismissed as Trump makes a comeback in the election.
Following Trump’s victory in the upcoming election, Chutkan has remained relatively quiet as Smith requested the dismissal of the case. She has recognized the reality that the case's fate lies predominantly beyond her control, subject to appellate court decisions and political developments.
Last month, Chutkan promptly finalized the paperwork for the dismissal, avoiding any unconventional moves that could delay the process or necessitate additional public explanations.
Currently, Chutkan is among numerous federal trial judges in Washington handling cases where defendants from January 6 are attempting to evade repercussions by invoking Trump’s promise to pardon them. She has previously stated that the rioters attacked the Capitol “in loyalty, to one man—not to the Constitution.”
Banuelos took advantage of his rare opportunity to speak with Chutkan to share his grievances about the judicial system, expressing admiration for her as a figure committed to justice rather than politics. He surmised that she was well-versed in philosophical texts, including those by Marcus Aurelius, and believed she had his best interests at heart.
“I believe in you for real,” Banuelos declared after receiving Chutkan’s consent to seek a new public defender.
For Chutkan, the lively hearing appeared to bring a sense of normalcy. She engaged in banter with Banuelos, matching his quick-fire complaints. Drawing from her experiences as a former public defender, she defended the attorneys he disparaged and used his dissatisfaction as an opportunity to enlighten him about the roles of judges, prosecutors, and defense attorneys in the judicial system.
“My job is to administer justice. I’m the umpire,” she clarified. “Your lawyer … represents you and only you.”
Chutkan emphasized that she could not meet with him privately, just as she wouldn’t meet with the prosecutor outside of exceptional, publicly justified circumstances. Ultimately, she reminded Banuelos that it was her decision to detain him prior to trial and that his lawyer had diligently advocated for his release.
When Banuelos expressed frustration that Assistant U.S. Attorney Rebekah Lederer hadn’t considered “my kids” or “my dog” in her detention arguments, Chutkan pointed out it was not Lederer’s responsibility.
“Her job is to prosecute you,” Chutkan stated.
She concluded the hearing by advising Banuelos to give his next attorney a fair chance and to avoid making “snap judgments about people.”
“You don’t have to share the same political beliefs as your lawyer,” Chutkan explained. “Your lawyer’s political beliefs have no bearing on how hard they’ll fight for you. … It’s not some kind of political litmus test.”
Chutkan added that Banuelos seemed to derive hope from the belief that the election results in 2024 would bring him some relief from prosecution.
“Even if I don’t get pardoned, they’re going to free the guys,” Banuelos noted. “A nation divided can’t stand. Enough is enough.”
Mathilde Moreau for TROIB News
