Judge Juan Manuel Merchan was defended by the Manhattan district attorney’s office in court documents made public on Tuesday against Trump’s accusations that he is a “Trump-hating judge,” reiterating a recent finding by a court ethics commission that a judge in his situation wouldn’t need to recuse himself.
According to the decision, which was released on May 4 by the state’s Advisory Committee on Judicial Ethics, Merchan might have sought the panel’s advice as he struggled with the seriousness of his involvement in the case and persistent worries that he may be perceived as biased or having a conflict of interest. Although the opinion omits names, the circumstances are accurate, with “the inquiring judge” being identified as sitting over a criminal case involving “a former public official.”
Trump’s attorneys claim that Merchan, a state court judge in Manhattan, has a pro-prosecution bias since his daughter works for a firm that has advised several of Trump’s Democratic competitors. They also claim that some of Merchan’s decisions in two earlier cases involving Trump have indicated this bias.
Both issues did not constitute a reason for Merchan to resign, according to Matthew Colangelo, a senior attorney for District Attorney Alvin Bragg.
Merchan alone will decide whether to recuse himself. When the Trump Organization, Trump’s business, was being tried, he earlier turned down a request of a similar nature.
Separately, Trump’s attorneys are attempting to have the case transferred to federal court, which would also remove Merchan from the court’s decision-making process. A hearing on that request has been set for June 27 by a federal court.
