Donald Trump is just one week away from becoming the first former U.S. president to be tried for a crime, with his Manhattan trial slated to begin next Monday, April 15. Last week, Judge Juan Merchan rejected Donald Trump’s request to delay the “hush money” trial. Trump argued that the judge should wait until the Supreme Court decides on the immunity issue, but Merchan rejected Trump’s presidential immunity claims on Wednesday, saying Trump waited too long to raise the defense and that the trial will proceed as scheduled.
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Last Monday, Trump’s legal team made its second attempt to push for Judge Juan Merchan’s recusal from the upcoming trial. They cited conflicts arising from his daughter’s role as president of Authentic Campaigns, a firm with Democratic clients like Rep. Adam Schiff and the Senate Majority PAC. The letter, made public on Tuesday, emphasized concerns about potential bias affecting Merchan’s conduct, including recent actions such as a gag order against Trump and statements that “appear to be extrajudicial” made by Merchan in the media.
On Monday, court records revealed that Trump was initiating legal action against Judge Juan M. Merchan, although the specific details of the filing were not immediately disclosed to the public. The online court docket, where Trump is anticipated to submit the Article 78 action — a special procedure commonly employed to challenge New York state government entities and judges —indicated that the documents had been sealed. This is not the first time Trump has sued a judge, filing a case last year against the New York judge overseeing his civil fraud trial, but the appeals court did not uphold his challenge.
Sources familiar with the matter indicated that Trump’s legal team planned to file the action on Monday, seeking intervention from an appeals court to delay the trial and challenge a recent gag order imposed by Merchan, which restricts Mr. Trump from making disparaging comments about witnesses, prosecutors, and the judge’s family.
Previously, Trump’s lawyers argued that the gag order “restricts his ability to engage in protected campaign speech.”
The appeals court is predicted by the New York Times to dismiss the action, reporting that an initial ruling is expected from a single appeals court judge on Monday, followed by a comprehensive assessment by a five-judge panel in the subsequent days.
In a separate submission to the appeals court on Monday, Trump was expected to ask for a change of venue for the trial location, requesting it be moved outside of Manhattan. This move may reflect his notable lack of support in the heavily Democrat borough and a potential bias among prospective local jurors.
Judge Merchan is expected to make a ruling on the recusal request in the coming days. He denied Trump’s initial recusal plea, filed last year, and is likely to do so again this time. Responding to Trump’s latest request, prosecutors from the Manhattan District Attorney’s office, responsible for the charges against him, described the recusal request as based on “a daisy chain of innuendos.”
Last year, Trump entered a plea of not guilty after being charged with 34 felony counts related to falsifying business records concerning alleged hush money paid to adult film actress Stormy Daniels during the 2016 presidential campaign.
