NEW YORK (AP) — Former President Donald Trump is demanding a new judge just days before his hush-money criminal trial is set to begin, rehashing longstanding grievances with the current judge in a long-shot, eleventh-hour bid to disrupt and delay the case.
Trump's lawyers — echoing his recent social media complaints — urged Manhattan Judge Juan M. Merchan to step aside from the case, alleging bias and a conflict of interest because his daughter is a Democratic political consultant. The judge rejected a similar request last August.
In court papers made public Friday, Trump’s lawyers said it is improper for Merchan "to preside over these proceedings while Ms. Merchan benefits, financially and reputationally, from the manner in which this case is interfering” with Trump’s campaign as the presumptive Republican presidential nominee.
The trial is scheduled to begin April 15. It is the first of Trump's four criminal cases scheduled to go to trial and would be the first-ever criminal trial of a former president.
Merchan didn't immediately rule. The decision is entirely up to him. If he were to exit, it would throw the trial schedule into disarray, giving Trump a long-sought postponement while a new judge gets up to speed.
Messages seeking comment were left for a court spokesperson and for Merchan's daughter, Loren Merchan. The Manhattan district attorney’s office said it sees no reason for Merchan to step aside.
The defense's claims that Loren Merchan is profiting from her father's decisions require “multiple attenuated factual leaps here that undercut any direct connection” between her firm and this case, prosecutor Matthew Colangelo wrote in a letter to the judge.
“This daisy chain of innuendos is a far cry from evidence” that Judge Merchan has a direct, personal or financial interest in reaching a particular conclusion, Colangelo wrote.
Loren Merchan is president of Authentic Campaigns, which has collected at least $70 million in payments from Democratic candidates and causes since she helped found the company in 2018, records show.
The firm’s past clients include President Joe Biden, Vice President Kamala Harris and Senate Majority PAC, a big-spending political committee affiliated with Senate Majority Leader Chuck Schumer. Senate Majority PAC has paid Authentic Campaigns $15.2 million, according to campaign finance disclosures.
In a separate development Friday, Merchan blocked Trump’s lawyers from forcing NBC to provide them with materials related to its recent documentary about porn actor Stormy Daniels, a key prosecution witness. He ruled that the defense's subpoena was “the very definition of a fishing expedition” and didn't meet a legal burden for requiring a news organization to provide access to its notes and documents.
On Wednesday, Merchan rejected the presumptive Republican nominee’s request to delay the trial until the Supreme Court rules on presidential immunity claims he raised in another of his criminal cases. The judge has yet to rule on another defense delay request — this one alleging he won't get a fair trial because of “prejudicial media coverage.”
The hush money case centers on allegations that Trump falsified his company’s records to hide the nature of payments to his former lawyer Michael Cohen, who helped Trump bury negative stories during his 2016 campaign. Among other things, Cohen paid Daniels $130,000 to suppress her claims of an extramarital sexual encounter with Trump years earlier.
Trump pleaded not guilty last year to 34 felony counts of falsifying business records. He has denied having a sexual encounter with Daniels. His lawyers argue the payments to Cohen were legitimate legal expenses.
Trump foreshadowed his lawyers' renewed push to have Merchan exit the case with posts assailing the judge and his daughter last week on his Truth Social platform.
Trump suggested, without evidence, that Merchan’s rulings — including his decision to impose a gag order on Trump — were swayed by his daughter’s consulting interests. He wrongly claimed that she had posted a social media photo showing him behind bars. Trump's attacks on Loren Merchan led the judge to expand the gag order to prohibit him from making public statements about his family.
“The Judge has to recuse himself immediately, and right the wrong committed by not doing so last year,” Trump wrote on March 27. “If the Biased and Conflicted Judge is allowed to stay on this Sham ‘Case,’ it will be another sad example of our Country becoming a Banana Republic, not the America we used to know and love.”
Trump similarly pressed the judge in his Washington, D.C., election interference case to recuse herself, claiming her past comments about him called into question her ability to be fair. But U.S. District Judge Tanya Chutkan said there was no reason for her to step aside.
Merchan's daughter featured prominently in the defense's calls for his recusal last year. They also seized on several small donations the judge made totaling to Democratic causes during the 2020 campaign. They totaled $35, including $15 to Biden.
Merchan rejected that request, writing last August that a state court ethics panel had found that Loren Merchan’s work had no bearing on his impartiality. The judge said he was certain of his “ability to be fair and impartial” and said Trump’s lawyers had “failed to demonstrate that there exists concrete, or even realistic reasons for recusal to be appropriate, much less required on these grounds.”
Trump’s lawyers contend circumstances have now changed, with Trump locked in a rematch against President Joe Biden, and Democrats — including clients of Loren Merchan’s firm — seeking to capitalize on Trump's legal troubles with fundraising emails framed around developments in the hush-money case.
“It would be completely unacceptable to most New Yorkers if the judge presiding over these proceedings had an adult child who worked at WinRed or MAGA Inc.,” Blanche and Necheles wrote, referring to a Republican fundraising platform and a pro-Trump fundraising committee.
In seeking Merchan's recusal, Trump's lawyers also took issue with his decision to give an interview to The Associated Press last month, suggesting he may have violated judicial conduct rules, and they questioned his use of a court spokesperson last week to deny Trump's claims that she had posted the image of Trump in jail.
In the interview, Merchan told the AP that he and his staff were working diligently to prepare for the historic first trial of a former president, saying: “There’s no agenda here. We want to follow the law. We want justice to be done.”
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Associated Press reporters Brian Slodysko and Alanna Durkin Richer in Washington and Jennifer Peltz in New York contributed to this report.
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FILE - Judge Juan M. Merchan poses in his chambers in New York, Thursday, March 14, 2024. Former President Donald Trump is demanding a new judge just days before his hush-money criminal trial is set to begin, rehashing longstanding grievances with Merchan, the current judge, in a long-shot, eleventh-hour bid to disrupt and delay the case. (AP Photo/Seth Wenig)
Former President Donald Trump arrives for a press conference at 40 Wall Street after a pre-trial hearing at Manhattan criminal court, Monday, March 25, 2024, in New York. A New York judge has scheduled an April 15 trial date in former President Donald Trump's hush money case. Judge Juan M. Merchan made the ruling Monday. (AP Photo/Yuki Iwamura)
WASHINGTON (AP) — President Joe Biden on Thursday rejected calls from student protesters to change his approach to the war in Gaza while insisting that “order must prevail” as college campuses across the country face a wave of violence, outrage and fear.
“Dissent is essential for democracy,” Biden said at the White House. “But dissent must never lead to disorder.”
The Democratic president broke days of silence on the protests with his remarks, which followed mounting criticism from Republicans who have tried to turn scenes of unrest into a campaign cudgel. By focusing on a law-and-order message while defending the right to free speech, Biden is grasping for a middle ground on an intensely divisive issue in the middle of his reelection campaign.
He largely sidestepped protesters' demands, which have included ending U.S. support for Israeli military operations. Asked after his remarks whether the demonstrations would prompt him to consider changing course, Biden responded with a simple “no.”
Biden said that he did not want the National Guard to be deployed to campuses. Some Republicans have called for sending in troops, an idea with a fraught history. Four students were shot and killed at Kent State University by members of the Ohio National Guard during protests over the Vietnam War in 1970.
Tensions on college campuses have been building for days as demonstrators refuse to remove encampments and administrators turn to police to clear them by force, leading to clashes that have seized widespread attention.
Biden said he rejected efforts to use the situation to “score political points," calling the situation a “moment for clarity.”
“There's the right to protest, but not the right to cause chaos,” Biden said shortly before leaving the White House for a trip to North Carolina. “People have the right to get an education, the right to get a degree, the right to walk across campus safely without fear of being attacked.”
Biden's last previous public comment on the demonstrations came more than a week ago, when he condemned “antisemitic protests” and “those who don’t understand what’s going on with the Palestinians.”
The White House, which has been peppered with questions by reporters, had gone only slightly further than the president. On Wednesday, press secretary Karine Jean-Pierre said that Biden was “monitoring the situation closely" and that some demonstrations had stepped over a line that separated free speech from unlawful behavior.
“Forcibly taking over a building," such as what happened at Columbia University in New York, "is not peaceful," she said. "It’s just not.”
Biden’s new remarks echoed his approach after the murder of George Floyd by a police officer four years ago, a politically volatile situation in the middle of his campaign against then-President Donald Trump.
“I want to make it absolutely clear rioting is not protesting, looting is not protesting,” Biden said then in remarks that his team turned into an advertisement. “It’s lawlessness, plain and simple, and those that do it should be prosecuted.”
Biden has never been much for protests of any kind. His career in elected office began as a county official when he was only 28 years old, and he’s always espoused the political importance of compromise.
As college campuses convulsed with anger over the Vietnam War in 1968, Biden was in law school at Syracuse University.
“I’m not big on flak jackets and tie-dyed shirts,” he said years later. “You know, that’s not me.″
Despite the White House criticism of violent college protests and Biden's refusal to heed demands to cut off U.S. support for Israel, Republicans blame Democrats for the disorder and have used it as a backdrop for press conferences.
“We need the president of the United States to speak to the issue and say this is wrong," House Speaker Mike Johnson, a Louisiana Republican, said on Tuesday. "What’s happening on college campuses right now is wrong.”
Johnson visited Columbia University with other members of his caucus last week. House Republicans sparred verbally with protesters while speaking to the media at George Washington University in Washington, D.C., on Wednesday.
Trump, who is running for another term as president, also criticized Biden in an interview with Sean Hannity on Fox News.
“Biden has to do something,” he said. “Biden is supposed to be the voice of our country, and it’s certainly not much of a voice. It’s a voice that nobody’s heard.”
He repeated his criticisms on Wednesday during a campaign event in Waukesha, Wisconsin.
“The radical extremists and far-left agitators are terrorizing college campuses, as you possibly noticed," Trump said. “And Biden’s nowhere to be found. He hasn’t said anything."
Kate Berner, who served as deputy communications director for Biden’s campaign in 2020, said Republicans already had tried the same tactic during protests over Floyd's murder.
“People rejected that,” she said. “They saw that it was just fearmongering. They saw that it wasn’t based in reality.”
Apart from condemning antisemitism, the White House has been reluctant to directly engage on the issue.
Jean-Pierre repeatedly deflected questions during a briefing on Monday.
Asked whether protesters should be disciplined by their schools, she said “universities and colleges make their own decisions” and "we’re not going to weigh in from here.”
Pressed on whether police should be called in, she said “that's up to the colleges and universities.”
When quizzed about administrators rescheduling graduation ceremonies, she said “that is a decision that they have to decide" and “that is on them.”
Biden will make his own visit to a college campus on May 19 when he’s scheduled to deliver the commencement address at Morehouse University in Atlanta.
Associated Press writer Adriana Gomez Licon in Miami and AP writer Colleen Long and White House Correspondent Zeke Miller in Washington contributed to this report.
President Joe Biden delivers remarks about student protests over the war in Gaza, from the Roosevelt Room of the White House, Thursday, May 2, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks about student protests over the war in Gaza, from the Roosevelt Room of the White House, Thursday, May 2, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks about student protests over the war in Gaza, from the Roosevelt Room of the White House, Thursday, May 2, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks about student protests over the war in Gaza, from the Roosevelt Room of the White House, Thursday, May 2, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks about student protests over the war in Gaza, from the Roosevelt Room of the White House, Thursday, May 2, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden departs after delivering remarks about student protests over the war in Gaza, from the Roosevelt Room of the White House, Thursday, May 2, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden departs after delivering remarks about student protests over the war in Gaza, from the Roosevelt Room of the White House, Thursday, May 2, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks about student protests over the war in Gaza, from the Roosevelt Room of the White House, Thursday, May 2, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks about student protests over the war in Gaza, from the Roosevelt Room of the White House, Thursday, May 2, 2024, in Washington. (AP Photo/Evan Vucci)
NYPD officers from the Strategic Response Group form a wall of protection around Deputy Commissioner of Legal Matters Michael Gerber and Deputy Commissioner of Operations Kay Daughtry, not in the picture, during a press conference regarding the ongoing pro-Palestinians protest encampment at Columbia University in New York on Monday, April 22, 2024. (AP Photo/Stefan Jeremiah)
UCLA professor Nick Shapiro speaks at a news conference on the UCLA campus, after nighttime clashes between Pro-Israel and Pro-Palestinian groups, Wednesday, May 1, 2024, in Los Angeles. (AP Photo/Jae C. Hong)
A pro Palestinians sign is shown on the UCLA campus, the morning after clashes between Pro-Israel and Pro-Palestinian groups, Wednesday, May 1, 2024, in Los Angeles. (AP Photo/Jae C. Hong)
Pro-Palestine student activists face off with New York Police Department officers during a raid on Columbia University's campus at the request of Columbia University President Minouche Shafik on Tuesday evening, April 30, 2024 in New York. NYPD officers, including those from the police department's Strategic Response Group, arrested approximately 100 people as they dismantled encampments and removed individuals occupying Hamilton Hall. (Seyma Bayram via AP)
President Joe Biden attends the White House Correspondents' Association Dinner at the Washington Hilton, Saturday, April 27, 2024, in Washington. (AP Photo/Manuel Balce Ceneta)
