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Judge Juan Merchan has rejected a third request by the attorneys for former President Donald Trump to remove him in the New York criminal case that convicted Trump on 34 felonies of falsifying business records – the latest attempt to get the judge presiding over his New York criminal case to recuse himself.
Trump’s attorneys have repeatedly argued that Merchan’s daughter’s work as a Democratic consultant created a conflict of interest. Trump’s lawyers first made the request in May 2023, before the case went to trial, arguing that Merchan should step aside because of work Merchan’s daughter had done as a Democratic consultant in support of President Biden. A state ethics panel last year later concluded that “the judge’s impartiality cannot reasonably be questioned based on the judge’s relative’s business and/or political activities.”
After the latest request, Merchan responded that the claims were “noting more than a repetition of stale and unsubstantiated claims,” addressed by the previous decisions that “provided nothing new for this Court to consider.” Merchan wrote in the ruling made public Wednesday: “This Court now reiterates for the third time, that which should already be clear – innuendo and mischaracterizations do not a conflict create. Recusal is therefore not necessary, much less required. Defense Counsel’s reliance, and apparent citation to his own prior affirmation, rife with inaccuracies and unsubstantiated claims, is unavailing. As such, Defendant’s motion is again DENIED. The court will continue to base its rulings on the evidence and the law, without fear or favor, casting aside undue influence.”
Trump was found guilty of falsifying the records to hide payments made to adult film actress Stormy Daniels in 2016, with prosecutors saying that the payments were made to illegally influence the election by preventing voters from learning about Trump’s relationship with Daniels. A unanimous jury found Trump guilty on May 30 of 34 felony counts of falsifying business records. Trump has sought to overturn the conviction, citing a recent Supreme Court ruling on “presidential immunity.” Merchan will rule on that effort on Sept. 6.
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