CNN
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Judge Juan Merchan, the judge overseeing Donald Trump’s criminal trials in New York, made $35 in political contributions to Democrats in 2020, including a $15 contribution to the campaign of Trump’s opponent, President Joe Biden.
The political donations are undoubtedly small, but they still raise questions about Merchan’s impartiality, as he has been attacked by the former president as a “Trump-hating judge.”
“While the amounts here are minimal, it’s surprising that a sitting judge would make political donations of any magnitude to a partisan candidate or cause,” said Elie Honig, a senior CNN legal analyst and former federal prosecutor.
According to federal election records, Merchan made the three donations in July 2020 through ActBlue, an online fundraising platform for Democratic candidates and causes.
Merchan contributed $15 to the Biden campaign and made two $10 contributions, one for the Progressive Turnout Project, a voter support organization, and one for Stop Republicans, an affiliate of the Progressive Turnout Project.
Stephen Gillers, a professor of legal ethics at New York University, said that New York, like most U.S. jurisdictions, has adopted the language of the American Bar Association Model Code of Judicial Conduct, which prohibits judges from “soliciting money for, pay an assessment, or make a donation to a political organization or candidate.”
“Contribution to Biden and possibly ‘Stop the Republicans’ would be prohibited unless there is some other explanation that would allow it,” Gillers said.
But Gillers said the donation “would be considered insignificant, especially given the small amounts involved.” He said if a complaint was filed, the State Judiciary Commission would remind the judge of the rules.
When asked if that could be grounds for a legal challenge or denial, Gillers said: “Absolutely not. This does not come close to the proof required for a recusal.”
Trump has attacked Merchan and his family, including his daughter, whose political consulting firm worked for the Biden campaign and Vice President Kamala Harris’ campaign. Trump has also complained about Merchan for leading the case against the Trump Organization, which was convicted of tax fraud late last year.
Trump’s attorneys have yet to weigh the judge’s political contributions, but political allies point to the contributions to argue that the judge should withdraw from the case.
“He donated to Joe Biden’s campaign. He should get off this case. And this judge has a history with President Trump on previous cases,” Mike Davis, a former Republican chief counsel on the Senate Judiciary Committee and founder of a conservative judicial advocacy group, told CNN’s Pamela Brown. “He finds out that this judge actually donated to Biden’s campaign. So that at least gives the appearance of impartiality – the appearance that this judge could not be impartial towards President Trump.”
Karen Friedman Agnifilo, a CNN legal analyst and former prosecutor in the Manhattan Attorney’s Office, said the political donations to Merchan amounted to an “unforced error.”
“Judge Merchan has a reputation for being a fair, middle-of-the-road judge, but a donation to an accused’s political rival can create the appearance of a conflict even when there isn’t one, and in this case cause an unforced error with Trump,” he said called her.
A search of federal election databases does not reveal any additional political donations for merchan. New York State campaign funding records show that in 2002 he donated $99 to Rolando Acosta, who has served as a New York State Circuit Court of Appeals judge since 2017.
A source familiar with the court system said the court administration does not oversee judges’ personal affairs. The decision to withdraw from the case would be left to Merchan himself.
If he doesn’t, however, Trump’s attorneys could challenge the matter in a New York state appeals court.
A spokesman for the courts said: “We decline to comment on pending cases.”
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