New York: Former US President Donald Trump has lost his third bid to have New York judge Justice Merchan step aside from the hush money case, in which the Republican presidential candidate was convicted of charges involving hush money payments to an adult film actress. Merchan dismissed Trump's claim of conflict of interest related to political consultancy work by the judge's daughter.
Merchan denied a request by Trump's lawyers that he recuse himself from the first case involving criminal charges against a former US President, ahead of Trump's sentencing on September 18. "Defendant has provided nothing new for this Court to consider. Counsel has merely repeated arguments that have already been denied by this and higher courts" and were "rife with inaccuracies and unsubstantiated claims," Merchan wrote in the ruling dated August 13.
In response, Trump campaign spokesperson Steven Cheung said, "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 Highly Conflicted Judge should have long ago recused himself from this case." Trump's similar requests were denied in April and August 2023.
Why Trump wants Merchan off the case?
Trump was found guilty by a jury on May 30 on 34 felony counts of falsifying business records for having covered up former personal lawyer and fixer Michael Cohen's $130,000 payment to adult film actress Stormy Daniels to avert a sex scandal before the 2016 US election. The former US President has denied all charges and has pledged to appeal.
However, Trump's lawyers made their third request that Merchan step aside, arguing that his daughter's work for a political consultancy that has counted Democratic campaigns among its clients - including the unsuccessful bid by Kamala Harris for the 2020 Democratic presidential nomination - posed a conflict of interest. With Harris now Trump's Democratic opponent for this year's elections, the defence's concerns have become "more concrete", says Trump lawyer Todd Blanche.
However, Merchan has rejected the accusation that he has a conflict as a state court ethics panel said last year that Merchan could continue on the case as a relative's independent political activities are not “a reasonable basis to question the judge's impartiality". However, he received a warning for making $35 total in political contributions to the Biden campaign and two liberal-leaning groups, including one called “Stop Republicans”, reported The Hill.
How have prosecutors responded?
Prosecutors with Manhattan District Attorney Alvin Bragg's office, which brought the charges, had called Trump's recusal request a "frivolous" attempt to relitigate an issue that was resolved twice before. "No amount of overheated, hyperbolic rhetoric can cure the fatal defects in defendant's ongoing effort to impugn the fairness of these proceedings," prosecutors wrote in an Aug. 1 court filing.
During the trial, Trump took to his social media platform to deride Merchan as a "highly conflicted" overseer of a "kangaroo court." Ahead of the trial, Trump wrote on social media that Merchan's daughter "makes money by working to 'Get Trump,'" comments that in part contributed to Merchan's decision to expand a gag order to bar the former president from commenting publicly about family members of court staff or prosecutors.
Trump's lawyers separately have asked the judge to throw out his conviction in light of the US Supreme Court's July ruling giving former presidents broad immunity from prosecution for official acts taken in office. Merchan has said he will decide on Trump's arguments by September 16.
(with inputs from agencies)
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