Judge rejects Trump’s latest demand to step aside from hush money criminal case
Breaking Legal News - POSTED: 2024/08/15 15:16
Breaking Legal News - POSTED: 2024/08/15 15:16
Donald Trump has lost his latest bid for a new judge in his New York hush money criminal case as it heads toward a key ruling and potential sentencing next month.
In a decision posted Wednesday, Judge Juan M. Merchan declined to step aside and said Trump’s demand was a rehash “rife with inaccuracies and unsubstantiated claims” about his ability to remain impartial.
It is the third time that Merchan has rejected such a request from lawyers for the former president and current Republican nominee. They contend the judge has a conflict of interest because his daughter works as a political consultant for prominent Democrats, including Kamala Harris when she sought the Democrats’ 2020 presidential nomination. Harris is now the party’s nominee against Trump.
The judge’s daughter, Loren Merchan, met Harris occasionally in 2019 but never “developed an individual relationship” with her, consulting firm founder Mike Nellis told the chairman of the U.S. House Judiciary Committee, Rep. Jim Jordan, R-Ohio, in a letter Tuesday. The firm, Authentic Campaigns Inc., has not worked for Harris’ campaign, President Joe Biden’s now-ended reelection bid or the Democratic National Committee in the 2024 election cycle, Nellis said.'
A state court ethics panel said last year that Merchan could continue as the judge on Trump’s case. The panel wrote that a relative’s independent political activities are not “a reasonable basis to question the judge’s impartiality.”
Merchan, a state court judge in Manhattan, acknowledged last year that he made several small donations to Democratic causes during the 2020 campaign, including $15 to Biden. But Merchan has repeatedly said he is certain he can handle Trump’s case fairly and impartially. In his ruling, Merchan wrote he will continue to base decisions “on the evidence and the law, without fear or favor, casting aside undue influence.”
“With these fundamental principles in mind, this Court now reiterates for the third time, that which should already be clear — innuendo and mischaracterizations do not a conflict create,” Merchan wrote in his three-page decision. “Recusal is therefore not necessary, much less required.”
But with Harris now Trump’s opponent, Trump lawyer Todd Blanche argued in a letter to the judge last month that the defense’s concerns have become “even more concrete.”
Prosecutors called the claims “a vexatious and frivolous attempt to relitigate” the issue.
Trump campaign spokesman Steven Cheung, citing Merchan’s donation to Biden and Loren Merchan’s consulting work, slammed him as a “highly-conflicted judge” who “should have long ago recused himself from this case.”
Merchan “has proved to be biased against President Trump and beholden to not only Democrat partisan interests, but also to the glaring financial interests of an immediate family member,” Cheung said.
Trump railed against Merchan on his Truth Social platform for continuing to keep him under a partial gag order — an issue that was not part of the recusal decision. Earlier this month, a state appeals court upheld the gag order, which bars Trump from making public comments about the prosecution team, court staffers or their families, including Merchan’s daughter.
The Manhattan district attorney’s office, which prosecuted the case, declined to comment.