Former President Donald Trump is set to appear before U.S. District Judge Tanya Chutkan on Thursday for his indictment on federal felony charges related to his efforts to overturn the results of the 2020 election. Chutkan, a former assistant public defender nominated by President Barack Obama, has gained a reputation as one of the toughest punishers of rioters involved in the January 6 attack on the U.S. Capitol.

Known for her no-nonsense approach, Chutkan has consistently handed down harsher sentences than prosecutors recommended, believing that prison can serve as a powerful deterrent against future insurrections. In fact, Chutkan's commitment to handing out significant prison sentences stems from her belief that it is necessary to deter future attempts to violently overthrow the government. She has expressed concern about reports of anti-democratic factions plotting violence in the future and has emphasized the need to protect the peaceful transition of power.

This is not the first time Chutkan has ruled against Trump. In a separate January 6 case, she refused his request to block the release of documents to the House committee investigating the riot. Asserting that Trump could not claim executive privilege indefinitely, Chutkan wrote, "Presidents are not kings, and Plaintiff is not President."

As a district judge, Chutkan has sentenced at least 38 individuals convicted of Capitol riot-related crimes. All 38 received prison terms, ranging from 10 days to more than five years. It is worth noting that the sentences handed down by Chutkan have often matched or exceeded prosecutors' recommendations, even when prosecutors were not seeking any jail time at all.

Judge Trevor McFadden, a Trump nominee, has suggested that the Justice Department has been too harsh on Capitol rioters compared to individuals arrested during racial injustice protests following George Floyd's murder. However, Chutkan criticized McFadden's suggestion, stating that comparing the actions of peaceful civil rights protesters to those of a violent mob seeking to overthrow the government is a false equivalency.

Trump's latest indictment alleges a "criminal scheme" to undermine the results of the 2020 election. The charges include conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and an attempt to obstruct an official proceeding, and conspiracy against rights. Chutkan has been assigned the case, which raises fundamental questions about the viability of American democracy.

The case will test the limits of presidential power and the consequences for attempting to subvert the democratic process. Trump's defenders argue that he had legitimate reasons to contest the election results and that he was pursuing his legal options. However, multiple advisers, officials, and authorities informed him that his allegations were not true. Despite this, he continued to make false claims, leading to his indictment for attempting to defraud the United States.

The outcome of this trial will have significant implications for the future of American democracy. It remains to be seen whether the justice system or the electoral system will decide Trump's fate first, but the real verdict on the Trump presidency is yet to come.