(NEW YORK) — An exasperated Judge Juan Merchan, in a scathing order released Wednesday morning, denied former President Donald Trump’s third attempt to kick the judge off his New York criminal hush money case based on an alleged conflict of interest.
“Stated plainly, Defendant’s arguments are nothing more than a repetition of stale and unsubstantiated claims,” Merchan wrote in the three-page order.
Earlier this month, Trump’s lawyers attempted to argue that Vice President Kamala Harris’ position as the Democratic nominee for president created a conflict of interest for Merchan based on the judge’s daughter’s work as a political consultant, rehashing an argument that Merchan denied twice in the past.
Merchan described Trump’s third attempt at recusal as “nothing more than an attempt to air grievances against this court’s rulings,” and criticized defense attorneys for repeating “inaccurate and unsubstantiated claims.”
“Defendant has provided nothing new for this Court to consider,” Merchan wrote. “Counsel has merely repeated arguments that have already been denied by this and higher courts. Defense Counsel’s reliance, and apparent citation to his own prior affirmation, rife with inaccurate and unsubstantiated claims, is unavailing.”
Merchan also criticized defense attorneys for raising issues with the remaining provisions of the case’s limited gag order, which earlier this month was affirmed by a mid-level appeals court in New York.
“It is therefore difficult to rationalize how Defense Counsel can, in good faith, claim the Order is unconstitutional,” Merchan wrote.
Trump was found guilty in May on 34 felony counts of falsifying business records related to a 2016 hush money payment to adult film actress Stormy Daniels in order to boost his electoral prospects in the 2016 presidential election. He has said he will appeal the decision.
With the recusal motion denied, Merchan is expected to issue a decision next month on Trump’s motion to have the case thrown out based on the U.S. Supreme Court’s recent presidential immunity ruling. In a landmark decision last month, the Supreme Court ruled that Trump has presumptive immunity from criminal prosecution for official acts taken while in office.
Sentencing in the hush money case is still scheduled for Sept. 18.
“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 Wednesday’s order.
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