Trump judge made donations to Biden and Democrats, CNN reports
April 06, 2023
The judge overseeing the hush money case against Donald Trump paid political contributions to the Democratic party and Joe Biden in 2020, according to a report by CNN.
Though the donations are small — totaling just $35 — the ramifications could be huge as Trump has already relied heavily on claims that Juan Merchan “hates me.”
“While the amounts here are minimal, it’s surprising that a sitting judge would make political donations of any size to a partisan candidate or cause,” Elie Honig, a former federal prosecutor and a legal analyst for CNN, said.
Stephen Gillers, a legal ethics professor at New York University, told CNN political donations were prohibited for judges in the state.
“The contribution to Biden and possibly the one to ‘Stop Republicans’ would be forbidden unless there is some other explanation that would allow them,” he said.
But he said it would not be grounds for a legal challenge by Trump’s team. “Absolutely not,” he said. “This does not come anywhere near the kind of proof required for recusal.”
Trump’s team has claimed Merchan is biased against him, stating that the judge’s daughter worked for the campaigns of Biden and now-Vice President Kamala Harris. He also pointed out that Merchan was the judge in a case against the Trump Organization in 2022 which ended in conviction on tax fraud charges.
CNN said Trump’s lawyers had not responded to its report. But it quoted an ally of the former president.
“He donated to Joe Biden’s campaign. He should get off this case. And this judge has a history, with President Trump, in prior cases,” said Mike Davis, a former Republican chief counsel on the Senate Judiciary Committee.
“He finds out that this judge actually donated to Biden’s campaign. So, that at least raises the appearance of impartiality — the appearance that this judge could not be impartial against President Trump.”
“Judge Merchan has a reputation of being a fair down the middle judge, however, donating to a defendant’s political rival can cause the appearance of a conflict, even where there is none, and creates an unforced error in this case involving Trump,” said Karen Friedman, a CNN analyst and former prosecutor in the Manhattan District Attorney’s office.
CNN reported if the judge doesn’t recuse himself, Trump’s lawyers could take it to the state’s appeals court — which would delay the trial.
A spokesperson for the courts told CNN, “We decline to comment on pending cases.”