No. of Recommendations: 0
The judge certainly won't recuse herself - but it's not a frivolous argument, nor is it likely that his lawyers filed it because they expected it would delay (at all) this proceeding. They might not have a great chance of winning on that point on appeal (it's a tough standard) - but it's not a non-zero chance, given how unusual these circumstances are.
But it would be legit grounds for appeal, yes? In which case I would think the prosecutors would want her to recuse also. I would think they wouldn't want even a chance for an appeal to get granted on some procedural thing.
