The third time’s not the charm for former President Donald Trump’s legal team as their attempt once again to persuade Judge Juan Merchan to recuse himself from the Manhattan criminal case in which the jury found Trump guilty in late May, with sentencing set for September, has failed.
For those who may be wondering why recusal is an issue again, the Trump legal team filed a third motion for recusal in early August once Vice President Kamala Harris became the likely Democratic presidential nominee, citing Merchan’s daughter Loren’s consulting work for prominent Democrats — including Harris — as a conflict of interest.
“Your Honor’s daughter has a long-standing relationship with Harris, including work for political campaigns,” Trump attorneys Todd Blanche and Emil Bove wrote in a pre-motion letter seeking the judge’s recusal. “She has obtained — and stands to obtain in the future — extensive financial, professional, and personal benefits from her relationship with Harris.”
Merchan’s daughter, Loren, works as an executive at the progressive digital agency Authentic. The judge’s daughter points to her work for Harris’s Senate campaign in her company bio.
New York Appeals Court Upholds Gag Order in Trump Business Records Case
But Merchan has denied the request, characterizing the defense arguments as “nothing more than a repetition of stale and unsubstantiated claims” and insisting that “innuendo and mischaracterizations do not a conflict create.”
Merchan cited previous guidance provided by a state ethics advisory committee indicating that he need not step aside before adding:
As has been the standard throughout the pendency of this case, this Court will continue to base its rulings on the evidence and the law, without fear or favor, casting aside undue influence.
However, Merchan has received a warning for political donations.
The judge has, however, received a warning for making $35 total in political contributions to the Biden campaign and two liberal-leaning groups, including one called “Stop Republicans.” Though the donations occurred before Merchan took on Trump’s hush money case, ethics rules bar New York judges from making political contributions.
And the Trump campaign has pushed back on his steadfast refusal to recuse.
“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,” Trump campaign spokesperson Steven Cheung said in a statement. “The Highly-Conflicted Judge should have long ago recused himself from this case.”
In the interim, Merchan is faced with determining what, if any, impact the Supreme Court ruling on presidential immunity has on the case. He is set to render his decision on the pending post-trial motions by September 6. Currently, Trump’s sentencing is set for September 18 “if such is still necessary.”
