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Judge Juan Merchan, who presided over the trial that resulted in Donald Trump’s felony conviction earlier this year, has swatted down the former’s president’s latest attempt to have him removed from the case.
Trump’s lawyers claimed (again) that the political advocacy work of Merchan’s daughter on behalf of Democratic candidates would prevent their client from getting a fair trial.
However, in his ruling on the matter, the judge noted that Trump’s third effort to get him to recuse himself amounted to “nothing more than a repetition of stale and unsubstantiated claims.”
He then pointed out (again) that he had contacted the New York Advisory Committee on Judicial Ethics more than a year ago to get an opinion on the issue. Back then, the panel stated that “[a] judge’s relatives remain free to engage in their own bona fide independent political activities,” adding that “[t]he matter currently before the judge does not involve either the judge’s relative or the relative’s business, whether directly or indirectly.”
Of course, that didn’t stop Trump’s legal team from raising the issue (again)… in a motion that was filed 48 days after the deadline for post-trial motions had expired. While his lawyers must have known that this was an exercise in futility, especially because they did not raise any new issues in their complaint, the latest decision at least gave the former president an opportunity to rant against Merchan (again).
You can tell from the wording of the ruling that the judge is a bit exasperated.
“Although not entirely clear, Defendant first argues that the Court’s Order Restricting Extrajudicial Statements is ‘unjust and unconstitutional,’” he wrote. “This argument does not merit extensive discussion since it does not credibly purport to support the motion for recusal. Rather, it would appear to be nothing more than an attempt to air grievances against this Court’s ruling.”
And right he was (again).
“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 ranted on Truth Social. “I AM NOT ALLOWED TO ANSWER REPORTERS QUESTIONS.”
That is, of course, wrong (again) on various levels.
Reporters can ask Trump any question they want, he just can’t make statements about specific jurors or witnesses in the case, or court staff and the relatives of the above, that could interfere with the trial or cause others to interfere with it. In other words, the wellbeing of these people has to be protected from the former president siccing the MAGA mob on these people.
What Trump can say (and did) is that this whole thing is rigged and really mean.
“This is happening right before the voting begins on September 6th. Suppression and manipulation of the vote. Voter interference,” he wrote. “This is the real Fascist ‘stuff,’ the old Soviet Union! So much to say, and I’m not allowed to say it. Must get US Supreme Court involved. New York is trying to steal the Election!”
Setting aside that “the old Soviet Union” was not a fascist regime, does this sound like a person who is not allowed to say stuff?
Of course not.
Then again, Trump isn’t the kind of person who takes no for an answer, which is why it would not be surprising for his lawyers to keep trying.
However, it should be noted that the judge’s patience seems to be wearing a bit thin.
“[T]his Court now reiterates for the third time, that which should already be clear – innuendo and mischaracterizations do not a conflict create,” Merchan wrote.
He also delivered a note of caution to Trump’s legal team, warning them that their advocacy on behalf of the former president “must not come at the expense of professional responsibility in one’s role as an officer of the court.”
Now is probably not the time to annoy Merchan. After all, he is slated to announce next month which penalty he deems appropriate in the case after a jury had unanimously found guilty of falsifying business records to hide the hush money payment he made to a porn star with whom he had an affair.
