The New York judge overseeing the hush money criminal case against former President Donald Trump has refused to recuse himself following an effort by Trump’s attorneys to get him to give the case to another judge for the trial, a court order filed Monday says.
In his ruling, state Supreme Court Judge Juan Merchan said that “the judge presiding over a case is in the best position to appreciate the implications of those matters alleged in a recusal motion.”
“In deciding whether to recuse himself, the trial judge must carefully weigh the policy of promoting public confidence in the judiciary against the possibility that those questioning his impartiality might be seeking to avoid the adverse consequences of his presiding over their case,” he wrote.
He added: “Further, this Court has examined its conscience and is certain in its ability to be fair and impartial.”
Trump’s attorneys had argued that the political and financial interests of Merchan’s daughter created an actual or perceived conflict of interest. Referring to Trump’s former chief financial officer, they also argued that Merchan’s “role in a prior case encouraging Allen Weisselberg to cooperate against President Trump and his interests shows a preconceived bias against President Trump.”
Trump’s attorneys also suggested Merchan’s campaign contributions in 2020, if confirmed, raised an appearance of impartiality, according to court filings.
Prosecutors had opposed the request for recusal, and Merchan rejected all of the Trump legal team’s arguments, the order shows.
Trump’s attorneys did not immediately respond to a request for comment. The Manhattan district attorney declined to comment.
Trump's lawyers filed a motion more than two months ago to remove Merchan from the hush money trial, which is set to begin March 25, over alleged conflicts.
The motion sought to have Merchan, who presided over Trump’s arraignment in the business fraud case in Manhattan, step aside, Trump’s lawyers said in a statement in June.
“President Trump, like all Americans, is entitled under the Constitution to an impartial judge and fair legal process,” they said in the statement.
Trump has complained on social media that Merchan “hates me.” In their June statement, Trump’s lawyers mentioned that Merchan presided over the criminal case against the Trump Organization. Their statement also refers to Merchan’s daughter’s employment with a political firm that worked for Joe Biden’s presidential campaign.
Merchan fined the Trump Organization $1.6 million for a long-running tax fraud scheme. The prosecution’s star witness was Weisselberg, the Trump Organization’s former chief financial officer, who testified against the company as part of a plea agreement.
Weisselberg pleaded guilty to tax fraud charges in August and was sentenced to five months in jail. He was sent to Rikers Island in January and was released in April.
A Manhattan grand jury indicted Trump in March on 34 felony counts of falsifying business records related to his role in paying hush money to adult film star Stormy Daniels weeks before the 2016 presidential election to keep quiet about an affair she alleges she had with him a decade earlier. He has pleaded not guilty and has repeatedly denied an affair.
