Trump’s Attorneys Again Ask NY Trial Judge to Recuse Himself

Donald Trump’s attorneys have requested that New York Judge Juan Merchan recuse himself from the former President’s fraud case. This is the third time that Trump has asked Merchan to stand down, and in the latest move, he has linked the judge’s daughter with his rival, Kamala Harris. A new filing claims that the judge’s daughter works as a political consultant and has many links to the Democratic Party, including Harris. 

Trump’s defense lawyers, Todd Blanche and Emil Bove, argued that Loren Merchan had benefited financially from her ties to the Vice President and will likely do so again. Given this, they stated that the judge cannot be assumed to be impartial and should step aside. 

Merchan oversaw the New York trial in which Trump was convicted on 34 counts related to his payment to adult actress Stormy Daniels. He also imposed a gagging order on Mr. Trump, which the former President has also attempted to overturn. A New York Appeals court has rejected his latest attempt, where he argued that Vice President Kamala Harris is allowed to portray him as a convicted felon, but he has restrictions placed on his speech and is therefore limited in how he responds. 

Nevertheless, a panel of judges rejected the argument, saying Merchan is right to maintain speech restrictions because the case is not yet over, and sentencing is not due to be passed until September. “The fair administration of justice necessarily includes sentencing,” the judges ruled.

The gagging order was placed on Trump during his trial, and he faced several fines for breaching it. Merchan prohibited the former President from speaking about prosecutors, jurors, court staff, or their family members. He was, however, allowed to mention Manhattan District Attorney Alvin Bragg, whom Trump insists has pursued charges against him for political reasons. 

In other key cases, Trump has enjoyed some victories. For instance, Judge Aileen Cannon recently dismissed the charges he faced for allegedly keeping classified documents at his Mar-a-Lago estate in Florida. Cannon ruled that the appointment of Special Counsel Jack Smith to lead the prosecution was unconstitutional because the Senate did not approve it as the US Constitution demands. Her ruling was a departure from all other courts involved in the case, and some legal experts suggest it will be overturned. 

Jack Smith is also pursuing Trump with charges related to trying to overturn the 2020 election result, so Judge Cannon’s ruling will likewise impact that case. The Justice Department is appealing. 

The former President also gained a victory when the Supreme Court ruled that Presidents have partial immunity from prosecution, providing the relevant acts were part of the President’s official duties. This ruling will likely have a ripple effect and impact all cases against Mr. Trump. 

Meanwhile, Vice President Kamala Harris has launched her White House campaign by presenting the contest as a battle between law enforcement and lawbreakers. Harris was an elected prosecutor in California, and she has made that central to her election message. Trump’s campaign has hit back, saying Harris was “a pro-criminal extremist” during her years as an attorney.