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Former President Trump is making a last-minute attempt to change the judge overseeing his hush-money criminal trial, just days before it is scheduled to begin. Trump's legal team has asked Manhattan Judge Juan M. Merchan to step aside, citing bias and a conflict of interest because the judge's daughter is a Democratic political consultant. The judge had previously rejected a similar request last August.
In court documents filed Friday, Trump’s lawyers argued that it is inappropriate for Merchan to preside over the case while his daughter benefits financially and reputationally from the way the case is interfering with Trump’s campaign as the presumptive Republican presidential nominee.
The trial is set to start on April 15 and is the first of Trump's four criminal cases scheduled for trial. It would also be the first-ever criminal trial of a former president.
Merchan has not yet made a ruling on the request. If he were to step aside, it would disrupt the trial schedule, potentially giving Trump a postponement while a new judge is appointed and gets up to speed.
The defense's claims that Merchan's daughter is profiting from her father's decisions were challenged by prosecutor Matthew Colangelo, who stated in a letter to the judge that there is no direct connection between her firm and the case. Colangelo argued that the defense's claims require "multiple attenuated factual leaps."
Loren Merchan, the judge's daughter, is the president of Authentic Campaigns, a firm that has received substantial payments from Democratic candidates and causes. However, Colangelo emphasized that this does not imply bias on the part of the judge.
Ina separate development, Merchan blocked Trump’s lawyers from obtaining materials from NBC related to its recent documentary about Stormy Daniels, a key prosecution witness. He ruled that the defense's subpoena was overly broad and did not meet the legal burden for requiring a news organization to provide access to its notes and documents.
Merchan also rejected Trump’s request to delay the trial until the Supreme Court rules on presidential immunity claims raised in another of his criminal cases. The judge has yet to rule on another defense delay request alleging prejudicial media coverage.
The hush-money case centers on allegations that Trump falsified his company’s records to hide payments to his former lawyer Michael Cohen, who helped suppress negative stories during his 2016 campaign. Cohen paid Daniels $130,000 to keep quiet about her alleged affair with Trump.
Trump pleaded not guilty last year to 34 felony counts of falsifying business records. He has denied the affair with Daniels, arguing that the payments to Cohen were legitimate legal expenses.
Trump had criticized Merchan and his daughter on social media, suggesting that the judge's rulings were influenced by his daughter's consulting interests. However, Merchan rejected calls for his recusal last year, stating that there were no concrete reasons for him to step aside.
Trump's lawyers argue that circumstances have changed, with Trump running for president again and Democrats using his legal troubles for fundraising. They insist that a judge with a family member working for a firm that benefits from Trump's legal issues cannot be impartial.
In his defense, Merchan has maintained that he is fair and impartial and has not violated any judicial conduct rules. He stated in an interview with the Associated Press that he and his staff are focused on following the law and ensuring justice is done in this historic trial.