Tipsheet

Judge Juan Merchan Yet Again Rejects Call to Recuse

Rebecca Downs
Rebecca Downs  |  August 14, 2024 3:00 PM

As we get closer to former and potentially future President Donald Trump's scheduled sentencing next month, Judge Juan Merchan has once again made clear he's not going anywhere. On Wednesday morning, he declined the third request that he recuse himself.

Trump's legal team tried for a recusal once again after Vice President Kamala Harris replaced President Joe Biden as the nominee. There have been plenty of concerns about a conflict of interest Merchan has, including through his adult daughter, who does consulting work for Harris. Such details have even continued to come to light since Trump was found "guilty" of 34 felony counts on May 30. 

As The Hill reported about Merchan's latest ruling:

The New York judge who oversaw former President Trump’s criminal trial declined the former president’s latest request to recuse himself from the case over the judge’s daughter’s work for Democrats. 

It marks the third time that Judge Juan Merchan has refused to recuse himself, again insisting there is no conflict and that he will remain on the case as it proceeds to sentencing in September. 

“Stated plainly, Defendant’s arguments are nothing more than a repetition of stale and unsubstantiated claims,” Merchan wrote in his ruling.

...

After Merchan twice rejected recusal motions prior to Trump’s blockbuster trial this spring, his attorneys in recent days mounted a third effort once Biden stepped aside from running for reelection and Harris emerged as Democrats’ presidential nominee.  

“Your Honor’s daughter has a long-standing relationship with Harris, including work for political campaigns. She has obtained — and stands to obtain in the future — extensive financial, professional, and personal benefits from her relationship with Harris,” Trump attorneys Todd Blanche and Emil Bove wrote in their request. 

But the judge spurned the accusation that he has a conflict, noting that a state ethics advisory committee last year provided guidance that he didn’t need to step aside.  

“This Court now reiterates for the third time, that which should already be clear — innuendo and mischaracterizations do not a conflict create. Recusal is therefore not necessary, much less required,” Merchan wrote.

That being said, the report also mentions that Merchan has received a warning for his political donations to the Biden campaign and a group known as "Stop Republicans," as they're against ethics rules. 

Trump took to Truth Social on Wednesday to post his complaints about Merchan, including the gag order still imposed on him. 

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Mike Davis of the Article 3 Project also chimed in as he shared that the connection Loren Merchan has "clearly requires Judge Merchan’s recusal under New York statute."

"The acting Justice has consistently and recklessly displayed his personal bias against President Trump throughout the case, including issuing an illegal, unconstitutional, and election-interfering Gag Order against the President and his campaign, and admitting constitutionally prohibited 'evidence' at trial," The Hill also quoted Trump campaign spokesperson Steven Cheung as saying. "The Highly-Conflicted Judge should have long ago recused himself from this case."

In other news about Merchan, America First Legal announced on Tuesday that they sued Manhattan DA Alvin Bragg to obtain communications about the case brought against Trump, including to do with discussing Merchan.