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New York Judge Declines to Recuse Himself in Trump Hush-Money Case

Former president had argued the judge should step aside State Supreme Court Justice Juan Merchan, pictured in this courtroom sketch, is set to preside over Trump’s trial on 34 felony charges of falsifying business records. Photo: JANE ROSENBERG/REUTERS By Corinne Ramey Aug. 14, 2023 4:04 pm ET The New York judge presiding over Donald Trump’s criminal hush-money case declined to recuse himself, rejecting the former president’s arguments that he can’t fairly oversee the trial. State Supreme Court Justice Juan Merchan said that Trump’s lawyers offered “speculative and hypothetical” arguments for recusal that fell well short of the legal standard for him to step aside. “This Court has examined its conscience and is certain in its ability to be fair and i

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New York Judge Declines to Recuse Himself in Trump Hush-Money Case
Former president had argued the judge should step aside

State Supreme Court Justice Juan Merchan, pictured in this courtroom sketch, is set to preside over Trump’s trial on 34 felony charges of falsifying business records.

Photo: JANE ROSENBERG/REUTERS

The New York judge presiding over Donald Trump’s criminal hush-money case declined to recuse himself, rejecting the former president’s arguments that he can’t fairly oversee the trial.

State Supreme Court Justice Juan Merchan said that Trump’s lawyers offered “speculative and hypothetical” arguments for recusal that fell well short of the legal standard for him to step aside. “This Court has examined its conscience and is certain in its ability to be fair and impartial,” Merchan wrote in a ruling made public Monday.  

Merchan, citing a state judicial ethics board opinion, also denied Trump’s request for an explanation for three small political contributions the judge made in 2020, which totaled $35, to progressive causes and President Biden’s campaign.

“The donations at issue are self-evident and require no further clarification,” Merchan wrote.

A lawyer for Trump and a spokeswoman for Manhattan District Attorney Alvin Bragg both declined to comment on the ruling.

A few key individuals connected to the Donald Trump hush-money case were critical to the criminal charges against the former president. Here’s what you need to know about the players involved. Illustration: Ryan Trefes

Merchan is set to preside over Trump’s trial on 34 felony charges of falsifying business records, for what prosecutors have said was his role in a hush-money payment to a porn star on the eve of the 2016 election. Trump, the leading contender for the Republican presidential nomination, has pleaded not guilty and said the case filed by Bragg, a Democrat, is politically motivated. 

Trump’s lawyers had argued that Merchan had disqualifying conflicts of interest. They said that his daughter, who works for a digital agency with Democratic clients, could financially benefit from decisions the judge makes in the case.

They also argued that Merchan played an improper role in inducing Allen Weisselberg, the former Trump Organization finance chief, to plead guilty to tax-fraud offenses. As part of an unusual deal, Weisselberg testified against Trump’s family business at a criminal trial but didn’t cooperate broadly with prosecutors.

Trump also argued that Merchan’s campaign contributions created the appearance that he wasn’t impartial. 

Prosecutors said that Trump hadn’t raised legitimate conflicts of interest and cited the former president’s history of accusing judges of bias. “Recusal would facilitate an apparent effort by defendant to select his own judge and would encourage other litigants to adopt the same approach,” Bragg’s office wrote.

Write to Corinne Ramey at [email protected]

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