Trump Handed Legal Loss as Judge Refuses to Recuse Himself (msn.com)
D
onald Trump won't be getting a new judge in his Manhattan criminal case.
New York Judge Juan Manuel Merchan has declined to recuse himself from the case, finding that a recusal "would not be in the public interest" and denying Trump's motion to remove him as the presiding judge.
In the case brought by Manhattan District Attorney Alvin Bragg, Trump is facing 34 felony counts of falsifying business records related to a hush money payment made to adult film actress
Stormy Daniels shortly before the 2016 election. He pleaded not guilty to all charges at his arraignment in April and has denied any wrongdoing.
In an order this past Friday, Merchan said, "This Court has examined its conscience and is certain in its ability to be fair and impartial."
Trump's legal team tried to argue that the case should be reassigned based on Merchan's political donations, his history presiding over Trump-related cases and his daughter's employment.
Merchan, who has been an acting justice in the state's
Supreme Court since 2009, donated $35 in total to Democratic politicians and causes, including $15 to
Joe Biden's 2020 campaign, and oversaw last year's tax fraud trial involving the Trump Organization, which also unsuccessfully sought his recusal. His daughter is an executive at Authentic Campaigns, a marketing company that has worked on campaigns of
Democrats like Vice President
Kamala Harris, House Minority Leader
Hakeem Jeffries and California Governor
Gavin Newsom.
In his order, Merchan ruled that the donations were not only too minimal to warrant recusal but also that his political affiliation did not mean he was unable to act impartially.
New York state's Advisory Committee on Judicial Ethics agreed, saying, "These modest political contributions made more than two years ago cannot reasonably create an impression of bias or favoritism in the case before the judge."
Newsweek reached out by email to the New York Unified Court System's press office for comment.
Writing about his daughter, the ethics committee said that "the matter currently before the judge does not involve either the judge's relative or the relative's business, whether directly or indirectly." The committee also saw "nothing in the inquiry to suggest that the outcome of the case could have any effect on the judge's relative, the relative's business, or any of their interests."
"Defendant has failed to demonstrate that there [exist] concrete or even realistic reasons for recusal to be appropriate," Merchan said.
Trump has been highly critical of the judge, writing on his Truth Social platform that Merchan "HATES" him and slamming him as "a Trump Hating Judge."
"The Judge 'assigned' to my Witch Hunt Case, a "Case" that has NEVER BEEN CHARGED BEFORE, HATES ME," Trump posted on March 31.
He went on: "His name is Juan Manuel Marchan [sic.], was hand picked by Bragg & the Prosecutors, & is the same person who 'railroaded' my 75 year old former CFO, Allen Weisselberg, to take a 'plea' deal (Plead GUILTY, even if you are not, 90 DAYS, fight us in Court, 10 years (life!) in jail. He strong armed Allen, which a judge is not allowed to do, & treated my companies, which didn't 'plead,' VICIOUSLY. APPEALING!"
Allen Weisselberg, the Trump Organization's former chief financial officer, pleaded guilty to tax fraud charges last summer and was sentenced to five months in jail. In January, when Weisselberg was sent to Rikers Island, Merchan fined the Trump Organization $1.6 million for a long-running tax fraud scheme. Weisselberg was released in April.
Merchan is also overseeing a case against Trump ally
Steve Bannon, who is accused of having defrauded donors who paid money toward the construction of a wall at the southern border.