Donald Trump loses bid to dump NY hush money judge over Kamala Harris link
Former President Donald Trump lost a third bid Tuesday to replace the judge in his New York criminal hush money case after he said the case was tainted by the judge's daughter's work for Democratic candidates, including Vice President Kamala Harris.
Judge Juan Merchan already denied similar bids from Trump twice, first last August and again in April. Each time, Trump argued that the daughter's work for Democratic political candidates through marketing agency Authentic Campaigns created either an actual conflict of interest or the appearance of one.
This time, Trump suggested there were new grounds for Merchan to recuse from the case because Harris has moved to the top of the Democratic presidential ticket. His legal team said in a letter to the court that the judge's daughter has a "long-standing and extremely beneficial" relationship with Harris, including through Authentic Campaigns' role as the top vendor for Harris' 2020 presidential campaign.
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Merchan ruled that he welcomed "zealous advocacy and creative lawyering," but he warned Trump's lawyers repeatedly their advocacy cannot come at the expense of professional responsibility. Merchan ruled Trump's lawyers relied on arguments "rife with inaccuracies and unsubstantiated claims."
"As has been the standard throughout the pendency of this case, this Court will continue to base its rulings on the evidence and the law, without fear or favor, casting aside undue influence," Merchan wrote in his ruling. "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."
Trump was found guilty on May 30 of 34 felony counts of falsifying business records to cover up paying hush money to porn star Stormy Daniels ahead of the 2016 presidential election. The jury determined Trump falsified the records as part of a conspiracy to unlawfully interfere in that election.
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Immunity ruling and possible sentencing
When he denied Trump's recusal motion in April, Merchan noted that the New York State Advisory Committee on Judicial Ethics has already determined his daughter's work couldn't reasonably call his impartiality into question because Trump's case didn't involve Authentic Campaigns.
Merchan is set to rule in September on a separate motion from Trump over whether his guilty verdict in the case should be set aside after the Supreme Court granted him at least partial immunity in his criminal federal election interference case.
According to Trump, the high court's ruling was yet another reason for Merchan to step off the New York case.
"Regardless of intent, decisions by Your Honor on the pending Presidential immunity motion and at any sentencing would benefit not only Harris but also the professional aspirations and financial status of Your Honor’s daughter and Authentic," Trump's legal team said when they renewed the recusal motion.
Assuming Trump's guilty verdict isn't set aside when Merchan rules on the immunity question, Trump is scheduled for sentencing Sept. 18. Merchan has discretion to sentence him to several years in prison, but legal experts don't expect anything so dramatic. It's possible Trump won't be hit with any jail or prison time at all.
This article originally appeared on USA TODAY: Trump loses bid to replace NY judge over family link to Kamala Harris