Former President Trump Seeks New Judge Before Hush-Money Trial
Trump’s Lawyers Push for Judge’s Recusal
NEW YORK — Former President Donald Trump is calling for a new judge just a few days prior to the start of his hush-money criminal trial, making a last-minute attempt to disrupt and delay the proceedings by raising concerns about the current judge.
Trump’s lawyers, echoing his recent social media complaints, are urging Manhattan Judge Juan M. Merchan to recuse himself from the case due to allegations of bias and a conflict of interest, as Merchan’s daughter works as a Democratic political consultant. This is not the first time Trump’s legal team has made such a request; they were unsuccessful in a similar attempt last August.
In recently filed court papers, Trump’s lawyers argue that it is improper for Judge Merchan to oversee the trial while his daughter, Loren Merchan, benefits both financially and reputationally from the case’s interference in Trump’s campaign as the presumptive Republican presidential nominee.
Merchan’s Decision Hangs in the Balance
Merchan has not yet made a ruling on the matter, and the decision is solely up to him. If he were to recuse himself, it would disrupt the trial’s schedule and provide Trump with the long-sought-after postponement he desires, allowing a new judge to familiarize themselves with the case.
Requests for comments were made to a court spokesperson as well as Merchan’s daughter, Loren Merchan, who works as the president of Authentic Campaigns.
In response to the defense’s claims that Loren Merchan is profiting from her father’s decisions, prosecutor Matthew Colangelo penned a letter to the judge, stating that the arguments presented only rely on inference and do not establish a direct connection between her firm and the case at hand.
Authentic Campaigns, co-founded by Loren Merchan in 2018, has received at least $70 million in payments from Democratic candidates and causes, according to records. Among the firm’s clients are President Joe Biden, Vice President Kamala Harris, and Senate Majority Leader Chuck Schumer’s big-spending political committee, Senate Majority PAC.
Trump’s Lawyers Face Setbacks Amid Trial Preparations
While awaiting Merchan’s ruling, Trump’s legal team faced a setback during another legal matter involving a documentary by NBC about porn actor Stormy Daniels, a key prosecution witness. Merchan blocked Trump’s lawyers from acquiring materials related to the documentary, ruling that the defense’s subpoena was a “fishing expedition” and lacked a legal basis.
Trump’s request to delay the trial until the Supreme Court rules on his claims of presidential immunity in another criminal case was also rejected by Merchan. Additionally, a ruling is pending on another defense delay request, arguing that Trump won’t receive a fair trial due to prejudicial media coverage.
Background on the Hush-Money Case
The hush-money case focuses on allegations that Trump falsified his company’s records to conceal payments to his former lawyer, Michael Cohen. Cohen helped Trump bury negative stories during his 2016 campaign, and in exchange, payments were made to porn actor Stormy Daniels to suppress her claims of a past sexual encounter with Trump.
Trump, who pleaded not guilty last year to 34 felony counts of falsifying business records, denies engaging in a sexual encounter with Daniels. His legal team argues that the payments were legitimate legal expenses.
Trump’s recent attacks on Judge Merchan and his daughter on social media prompted the judge to expand the gag order on Trump, preventing him from making further public statements about the judge’s family.
Trump’s legal strategy of asking judges to recuse themselves is not unique to the hush-money case. He made a similar request in his Washington, D.C. election interference case, but it was rejected by U.S. District Judge Tanya Chutkan.
Previously, Merchan’s daughter was heavily featured in the defense’s arguments for the judge’s recusal. The defense also highlighted small donations made by Merchan to Democratic causes during the 2020 campaign. However, Judge Merchan rejected the recusal request and, last August, affirmed his impartiality in light of a state court ethics panel’s findings.
Trump’s lawyers argue that the current political landscape, with Trump in a rematch against President Biden and Democrats seeking to capitalize on his legal troubles for fundraising, necessitates Merchan’s recusal.
In their pursuit for Merchan’s recusal, Trump’s lawyers also criticized his decision to give an interview to The Associated Press, raising concerns that he may have violated judicial conduct rules. They also questioned his use of a court spokesperson to deny Trump’s claims about a social media image.
While the August case against Trump is of great significance, being the first-ever criminal trial of a former president, the trial’s outcome rests on Merchan’s ultimate decision regarding Trump’s request for a new judge.
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For more information on the hush-money trial, click here.
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