The third time was not the charm for former President Donald Trump on Wednesday.
Trump’s third attempt to have Judge Juan Merchan, who presided over his hush money trial, to step down was thwarted when the judge declined his request, per the Associated Press.
In Merchan’s three-page decision posted Wednesday, Merchan said Trump’s request was “rife with inaccuracies and unsubstantiated claims” in regard to his ability to be impartial.
Trump’s lawyers asserted Merchan has a conflict of interest.
The conflict of interest stems from Merchan’s daughter being a political consultant for prominent Democrats. This included Kamala Harris when she was vying for the 2020 Democratic presidential nomination.
Harris is now going up against Trump, the Republican nominee for president.
The judge’s daughter, Loren Merchan, works for Authentic Campaigns Inc., which has not worked for Harris’ campaign, President Joe Biden’s now-ended reelection bid or the Democratic National Committee in the this election, founder Mike Nellis said.
A state court ethics panel said in 2023 that Merchan could stay in the case. The panel said a relative’s independent political affiliations cannot constitute “a reasonable basis to question the judge’s impartiality.”
Merchan said last year he made several small donations to Democratic causes throughout the 2020 campaign. This includes a $15 donation to Biden.
Merchan wrote in his decision that he will continue to base his decisions “on the evidence and the law, without fear or favor, casting aside undue influence.”
“With these fundamental principles in mind, this Court now reiterates for the third time, that which should already be clear — innuendo and mischaracterizations do not a conflict create,” Merchan wrote. “Recusal is therefore not necessary, much less required.”
Trump’s lawyer Todd Blanche said the defendant’s concerns are even more valid now that Harris is the Democratic nominee.
Prosecutors, however, called the claims “a vexatious and frivolous attempt to relitigate” the issue.
Merchan “has proved to be biased against President Trump and beholden to not only Democrat partisan interests, but also to the glaring financial interests of an immediate family member,” Trump campaign spokesman Steven Cheung said.
Trump voiced his displeasure with still being under the gag order implemented by Merchan on his Truth Social platform.
“Judge Merchan just ruled that I, the Republican candidate for President, and leading in the Polls, am still under a Gag Order CONCERNING VERY IMPORTANT THINGS WHICH MUST BE BROUGHT TO LIGHT,” Trump wrote.
“Suppression and manipulation of the vote. Voter interference. This is the real Fascist “stuff,” the old Soviet Union! So much to say, and I’m not allowed to say it. Must get U.S. Supreme Court involved. New York is trying to steal the Election!” he added.
Trump was convicted in May of falsifying business’ records in an effort to conceal 2016 payments porn actor Stormy Daniels, per the AP..
The money would, in turn, for Daniels’ silence regarding an alleged 2006 sexual encounter with Trump.
A new twist in the case revolves around the U.S. Supreme Court’s presidential immunity ruling in July.
That decision precludes the prosecution of former presidents for official acts.
Merchan said he will rule on Trump’s immunity claim Sept. 16; Sept. 18 has been set for “the imposition of sentence or other proceedings as appropriate.”
