Judge in Trump “hush money” case once again rejects recusal effort

Former President Donald Trump’s latest attempt to get the judge presiding over his New York criminal case to recuse himself has been denied.

It was the third time Justice Juan Merchan has rejected Trump’s demands that he step aside from the case. Each effort revolved around claims that the judge was compromised because his daughter works as a Democratic consultant.

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.”

Despite the panel’s conclusion, Trump sought Merchan’s recusal again in March of this year, claiming his daughter’s firm had supported efforts by Democrats to capitalize on the case.

In the most recent request last month, Trump cited changed circumstances — Mr. Biden was no longer running, and his opponent was now Vice President Kamala Harris. Trump argued that Merchan should recuse because of work Merchan’s daughter’s firm had done in support of Harris.

Merchan rejected the request again Tuesday, in a decision made public Wednesday. He said Trump was just restating arguments already rejected by him and the ethics panel

“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 wrote. “Defense Counsel’s reliance, and apparent citation to his own prior affirmation, rife with inaccuracies and unsubstantiated claims, is unavailing.”

Prosecutors for Manhattan District Attorney Alvin Bragg had argued against the latest attempt, writing in a July letter to the judge that it was “a vexatious and frivolous attempt to relitigate” the issue.

A unanimous jury found Trump guilty on May 30 of 34 felony counts of falsifying business records. Prosecutors had argued he orchestrated a scheme while president to hide reimbursements to a lawyer who wired a “hush money” payment to adult film star Stormy Daniels days before the 2016 presidential election to keep voters from learning about allegations of an extramarital sexual encounter. Trump denied the encounter and pleaded not guilty.

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.

If the conviction is not overturned, Trump will be sentenced Sept. 18.