Judge refuses Trump request that he recuse himself from Manhattan fraud case

A Manhattan judge declined to recuse himself from Donald Trump's fraud case Monday after a federal judge ruled against moving the case to another court.

New York Supreme Court Justice Juan Merchan issued a six-page order saying that "recusal would not be in the public interest," and the judge said he had "examined [his] conscience" and determined he could be fair and impartial presiding over the trial related to Trump's hush-money payments to porn actress Stormy Daniels before the 2016 election, reported The Messenger.

Trump's request was made after it was revealed the judge made donations totaling $35 to Democratic causes.

"First, the reported political contributions are a de minimus donation, not warranting recusal," Merchan wrote. "Second, the People submit that the reported political contributions do not raise a plausible concern regarding the appearance of impartiality because 'a judge's identification with a political party, is not an indication that a judge is incapable of acting impartially.'"

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Trump faces 34 felony counts of falsifying business records in connection with payments to Daniels, with whom he had an alleged extramarital affair, facilitated through his former attorney Michael Cohen, and U.S. District Court judge Alvin Hellerstein ruled after a June hearing that those actions fall under the scope of his presidential duties.

"Whatever the standard, and whether it is high or low, Trump fails to satisfy it," Hellerstein wrote. "Trump has not explained how hiring and making payments to a personal attorney to handle personal affairs carries out a constitutional duty. Reimbursing Cohen for advancing hush money to [Daniels, whose legal name is] Stephanie Clifford cannot be considered the performance of a constitutional duty."

Hellerstein declined to take the case away from Merchan, who Trump argued was biased because of the donations and because his daughter operates a marketing company that works with Democratic politicians. The New York State Advisory Committee on Judicial Ethics has issued an advisory opinion allowing the judge to keep the case.

"On the specific issue of the employment of this Court's daughter, the Committee wrote 'the matter currently before the judge does not involve either the judge's relative or the relative's business, whether directly or indirectly," reads the advisory opinion. "They are not parties or likely witnesses in the matter, and none of the parties or counsel before the judge are clients in the business. We see nothing in the inquiry to suggest that the outcome of the case could have any effect on the judge's relative, the relative's business, or any of their interests."

The Manhattan fraud trial is scheduled to begin March 25, 2024.