In a new court filing, Manhattan District Attorney Alvin Bragg’s team blasts the latest ambition from the Trump team of securing the exit of Judge Juan Merchan from a criminal case that Trump is currently facing. The case, originating with Bragg, accuses Trump of the falsification of business records in connection to hush money for a woman named Stormy Daniels from before the 2016 elections.
The Trump team’s complaints outlined in a pre-motion letter include purported political activities involving the judge’s daughter and alleged “extrajudicial statements” (meaning comments outside the courtroom and court processes) by the judge.
“To the extent defendant intends to seek recusal based on the cited article, such a request would be a frivolous and vexatious effort to further waste the Court’s time,” prosecutors said, referencing the claims of “extrajudicial statements.” “Defendant fails to note that — aside from acknowledging “intense” preparation — the article reports that “[Justice] Merchan wouldn’t talk about the case.” And notwithstanding defendant’s claim to the contrary in his separate filing yesterday on the Court’s order regarding extrajudicial statements, this article does not report that the Court was talking about this case when the Court reportedly said “There’s no agenda here. We want to follow the law.””
Besides, “expressing a broad commitment to impartiality is very obviously not a prohibited “comment about a pending or impending proceeding,”” prosecutors added, citing legal precedent.
The pre-motion letter from Bragg’s office does not appear to be signed by Bragg himself, with other names — led by Assistant District Attorney Matthew Colangelo — instead listed. Presiding Judge Juan Merchan only semi-recently demanded that desired motions be preceded by pre-motion letters outlining the basics of the push, which the judge characterized as critical to the effective management of the court’s docket (meaning the pending filings, etc.) as the Trump team wheeled out what’s become a barrage of last-minute filings.
Merchan recently rejected a request from Trump to put the case on hold to wait for the resolution of arguments from Trump at the U.S. Supreme Court of presidential immunity, meaning legal protections associated with the office of president.
