Judge in Trump “hush money” case again denies recusal request

Former President Donald Trump’s recent motion to have the presiding judge in his New York criminal case recuse himself has been denied once again.

This marked the third instance where Justice Juan Merchan rejected Trump’s request. The basis of these requests hinged on claims that the judge held a bias due to his daughter’s work as a Democratic consultant.

The first motion was submitted by Trump’s legal team in May 2023, prior to the case going to trial. They contended that Justice Merchan should withdraw due to the political affiliations of his daughter’s work, which supported President Biden.

A state ethics panel reviewed the situation last year and determined that the judge’s impartiality wasn’t in question due to his relative’s professional activities.

Despite this ethical ruling, Trump revisited the request in March 2024, arguing that Merchan’s daughter’s firm had been involved in initiatives by Democrats to leverage the case for political gain.

In the latest application made last month, Trump pointed to evolving circumstances, arguing that as President Biden was no longer a candidate, and Vice President Kamala Harris had emerged as the opponent, the judge should again consider recusal based on his daughter’s firm’s involvement with Harris’s campaign.

In a decision issued on Tuesday and made public on Wednesday, Justice Merchan again denied the request. He emphasized that Trump’s legal team had merely reiterated arguments previously dismissed by him and the ethics review.

“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,” Merchan stated. “Defense Counsel’s reliance on his own prior affirmation, filled with inaccuracies and uncorroborated claims, is not sufficient.”

Prosecutors representing Manhattan District Attorney Alvin Bragg countered Trump’s recent attempt, describing it as “a vexatious and frivolous attempt to relitigate” the matter. They previously communicated their objections within a letter sent to the judge last month.

A jury found Trump guilty on May 30 of 34 felony counts related to falsifying business records. Prosecutors argued that he orchestrated a cover-up during his presidency to conceal reimbursements made to his attorney for a “hush money” payment to adult film actress Stormy Daniels, made just days before the 2016 presidential election. Trump has denied the affair and has pleaded not guilty to the charges.

In light of this conviction, Trump is now contending that it should be overturned based on a recent Supreme Court ruling concerning “presidential immunity.” Justice Merchan is expected to provide a ruling on this aspect on September 6.

If the conviction remains upheld, Trump is scheduled to face sentencing on September 18.