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Judge Merchan on defendant side of lawsuit

Judge Merchan on defendant side of lawsuit

Judge Juan Merchan, who presided over President Trump’s so-called hush money criminal case is now the target of a lawsuit by American First Legal (AFL) to secure the judge’s financial disclosure records. AFL is a public interest group that bills itself as a conservative alternative to the left-wing American Civil Liberties Union (ACLU).  It was founded by former White House aide Stephen Miller.

The issue is access to the official financial disclosure records that judges, like Merchan, are required to fill out and put on the public record.   The issue is simple.  The “disclosure” means that judges are to reveal to the public the requested financial information to establish any conflicts of interest or improper financial dealings.

According to AFL Vice President Dan Epstein, “The law is clear that judicial financial disclosures must be released to the public.  New York’s highest court has stated that such disclosures are necessary for parties before the courts to get a fair shake.”

Epstein said the request for the financial records is to see if Merchan has any conflicts of interest or if he has failed to make the required filing at all.  The lawsuit notes several examples of alleged bias – including (1) Merchan not recusing himself based on political bias, (2) allowing inadmissible evidence to be introduced, (3) imposing an unconstitutional gag order, and (4) not allowing Federal Elections Commission Chairman Bradley Smith to testify.

The interest in Merchan’s financial records stems from two issues.  He has admitted to making an illegal campaign contribution.  Judges are prohibited from making any financial contribution to political campaigns.  It was not an extravagant amount, but still a violation of the law.  It opens up the question as to whether there have been other such campaign contributions.  Merchan was a regular supporter of Democrat candidates prior to his serving on the bench.

In addition to the personal campaign contribution, the judge’s daughter is a major fund raiser for Democrat candidates, including President Biden and Vice President Harris – who can politically benefit from legal actions taken against the former President.

According to the law, the financial disclosure documents are to be disclosed upon request.   Merchan has not provided his disclosure documents to AFL and the organization has now had to file a lawsuit.

The request for the documents is motivated by questions regarding Merchan’s actions and rulings during the Trump trial. Critics have accused the judge of bias against Trump.  Many legal scholars have contended that both the indictment and the trial were outside legal tradition and politically motivated.  Others argue that those concerns, themselves, are politically motivated.  That conflict is why full disclosure is important and this time – and why refusal to disclose creates suspicion.

Whether related to the pending lawsuit or not, Merchan surprised everyone by agreeing to the Trump attorney’s request to postpone the September 16 sentencing until after the election.  The new sentencing date is November 26.

As expected, Trump is appealing the conviction.  Based on issues of immunity, there is a chance the entire matter will again wind up in the Supreme Court over the issue of admissible evidence.

While those on the left are clamoring for sentencing and jail time for the former President, it is unlikely that that would happen while the appeal is in process.  This means the case will not be resolved for a long time.

If Trump is reelected President, he could not stop the prosecution or pardon himself since this is not a federal case.  But the case would be put on hold for four years – and who knows after that.

For now, the AFL lawsuit is the only Trump-related legal issue that could … just could … reach a conclusion before the election.

So, there ‘tis.

About The Author

Larry Horist

So, there ‘tis… The opinions, perspectives and analyses of businessman, conservative writer and political strategist Larry Horist. Larry has an extensive background in economics and public policy. For more than 40 years, he ran his own Chicago based consulting firm. His clients included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. Larry professional emphasis has been on civil rights and education. He was consultant to both the Chicago and the Detroit boards of education, the Educational Choice Foundation, the Chicago Teachers Academy and the Chicago Academy for the Performing Arts. Larry has testified as an expert witness before numerous legislative bodies, including the U. S. Congress, and has lectured at colleges and universities, including Harvard, Northwestern and DePaul. He served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. Larry has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. An award-winning debater, his insightful and sometimes controversial commentaries have appeared on the editorial pages of newspapers across the nation. He is praised by audiences for his style, substance and sense of humor. Larry retired from his consulting business to devote his time to writing. His books include a humorous look at collecting, “The Acrapulators’ Guide”, and a more serious history of the Democratic Party’s role in de facto institutional racism, “Who Put Blacks in That PLACE? -- The Long Sad History of the Democratic Party’s Oppression of Black Americans ... to This Day”. Larry currently lives in Boca Raton, Florida.

7 Comments

  1. Tom

    I cannot rate this article with regard to the AFL. Seems like a shadow Trump organization to me. But, I followed the case closely and I am familiar with the issues. There are many good videos on Meidastouch Network, and Michael Popok on Legal AF. These are lawyers who practiced in Manhattan and were present in the courtroom everyday of the trial. They were explaining the laws and proceedings each day after court was over. You will get the truth about the trial from them, not Larry.

    This article gets a Stop The Spin (STS) ratings of 4 – mostly because Larry knows more than he tells because if he were to tell you the whole story, it would be damaging to Trump – and Larry is a Trump fan, Covert MAGA-ist.

    Larry leaves alot out of his story. He plays cute by not saying the amount of Merchan’s campaign donation he made to his daughter. In other areas, Larry does not give you the full set of facts. Maybe he did not know? Maybe oversight? Maybe lying by omission? Maybe he did not follow the case as closely as I did? Maybe selective cognitive impairment?? But I digress…… you be the judge!

    (1) Merchan not recusing himself based on political bias, – This was litigated twice and the appeal court level found no conflict. Trump cannot refute the evidence so he will attack the judge and his family. This issue is a loser for AFL

    (2) allowing inadmissible evidence to be introduced, – I am not clear what this means because no evidence is llisted. Trump stated for the court record that “I have never had sex with this woman.” Thus Stormy Daniel’s evidence of the sexual encounter was allowed to counter Trump’s statement. Trump protested but lost. Other inadmissible evidence might have occurred due to the SCOTUS decision on immunity – particularly the Hope Hicks evidence. But this will be ruled as not damaging to the verdict because there was overwhelming evidence from David Pecker, Michael Cohen, Stormy Daniels, a note to Mr. Cohen on how to structure the payment to him so as to make it a reimbursement for his money spent paying off Stormy. The note even included a grossing up for taxes!!! That was a killer piece of evidence. Most of the evidence presented was BEFORE Trump was sworn into office and thus is fair game, and not subject to immunity.

    (3) imposing an unconstitutional gag order, (this statement comes directly from Trump) – Again, this was litigated at the appeals lecel and found to be totally constitutional. The gag order was implemented to protect the evidence and testimony from corruption, the judges, his family from harm, the DA, DA staff, Court staff, and witnesses from Trump’s wrath of disparaging comments directed to influence testimony, and to protect the participants from violent extreme MAGA folks who when they found the identity of Juror #2 they published it and there were death threats. There were also many death threats to Merchan, the DA, DA staff, Court staff, etc. And none of this includes Mike Johnson and his MAGA Congressional Minions like Tuberville, Vivek Ramaswami, the pedofile congressman Matt Gaetz from Florida, Tim Scott, M T Green, and several others who went to the trial to attempt to influence outcome by violating the Trump gag order for Trump.

    (4) not allowing Federal Elections Commission Chairman Bradley Smith to testify. The case was about Trump’s fraud in an attempt to influence the election, not about election procedures or results. Thus Smith’s testimony was irrelevant. IT was all about the business fraud and cover-up!!!

    The interest in Merchan’s financial records stems from two issues. Well Larry, it actually “stems from” Trump trying desperately to remove Judge Merchan because Trump is deathly scared of jail and will stop at nothing (including destroying whoever he must) to stay out of jail.

    He has admitted to making an illegal campaign contribution – Yes, he gave a $20 donation to his daughter who was fund raising. Larry did not tell you that Judge Merchan was already been disciplined for this but the judicial review did not view this as significant enough (actually they viewed it as petty) to remove the judge – Larry also did not tell you this, and I feel sure he knew!! Judges are allowed to have political leanings just like Larry. There is nothing wrong with a Judge having personal values that align more with the Democratic Party or the Republican Party. This is another Trump issue where Trump feels that if he had a judge that he put in office he would have gotten a break. Merchan gave Trump many breaks but FOX news nor Larry will tell you of them. Judge Merchan gave Trump many breaks as Trump repeatedly violated the gag order. The judge did not allow certain evidence that might have been damaging against him. The judge postponed sentencing until after the election.

    AFL is definitely paid by your GOP donations and only exists to keep Trump out of jail. While the GOP professes to be the party of “Rule of Law”, again, they are showing by Speaker Johnson’s appearance at the trial, and by this PAC that they are really the party of “Disrespect of Law. And the more they do this, the more Larry writes his GOP perversions, the more Independents flock to the Democratic Party.

    Reply
  2. Ray Doyle

    Merchan is paid by soros to be the insane scum merchan is.

    Reply
    • frank stetson

      Except Ray can’t prove his spew.

      Reply
      • Tom

        Agreed Frank! Worthless dribble. Even Larry did not say this!

        Reply
  3. frank stetson

    Good one Tom. I too was struck with what Horist knows but left out.

    Consider the source. These folks are mostly politicking but have won some cases and lost some cases. They swing for the fences for effect quite often, so who knows on this one — looks weak IMO, but is good PR for Trump’s felony conviction potential overturn and that’s all Miller/Trump want. If I was a young man and still in DC, I would probably work at one of these “stink tanks.” I have to say it seems it’s easier and there’s more money making doing this for the right. I don’t know the total market, probably the left is bigger, but they are packed with experts, and the right —— they are still coming up to speed — plenty of ez money to be had still, Miller is hiring FYI and you only need two things: Trump loyalty, the concept that white guys are disadvantaged. Skill — optional… :>()

    AFL was founded in 2021 in response to the 2020 massive election loss by Steve Miller who ain’t no joker. And he ain’t no toker either, he works hard at being hard right. Supposedly they are the right’s answer to the ACLU but they often deal in conspiracy and misinformation. ACLU fights for anyone whose civil liberties are affected: white, black, men, women, and other. AFL fights for white natives only, preferably right wing. They often deal in racist politicking unlike the ACLU that does little politicking and nothing racist. It’s one thing to look and research this trash, it’s another to litigate it or, worse yet, disseminate it as political thought pieces.

    AFL is on the advisory board for Project 2025 where their joint personnel rosters reek of cross-pollicization. They have traded in many half-baked conspiracy theories since then. I cannot find their courtroom track record or even a notable win. They have had wins, mostly by cherry-picking courthouses in radical conservative locations like Texas. But I cannot find a record. If they could make money on their record, we would know that.

    They do not disclose funding. The right wing Bradley Fund covered 60% in 2022.

    AFL has discrimination suits against many major US firms on behalf of the white man. Poor, poor, disadvantaged white man. About 100 suits in three years. He’s got around a dozen lawyers. ACLU has over 500. Miller outsources to other right-wing firms often. AFL devotes 60% to 80% of it’s yearly funding to advertising and marketing. It’s Trump’s legal political arm, don’t be fooled. Miller will join Trump’s administration in a heartbeat post the election. If Trump loses, AFL will go away for lack of funding, my guess at least.

    In June of 2021, AFL litigation, on behalf of white farmers, stopped loans from going to Black farmers in Texas and then the rest of the nation, based on the Texas case. Trump says he’s a boon to blacks, but not these. In November of 2022, AFL won the ability for the ACA to discriminate based on sexual orientation and gender identification, a boon to people wanting gays to get sick. Let’s face it, Trump is no friend to alternative lifestyles; Trump says he will fix the ACA, and after his massive failure last time, after over a decade, he is mulling some concepts and may even have a plan in the next decade…. Right now, he hasn’t a clue what to do, but canceling insurance for gays and trans — that’s good for him. In May of 2024, a federal judge in Ohio last week dismissed a DEI case filed by America First Legal, the anti-diversity, equity and inclusion group . DEI wins.

    Consider the source. They may win but they also have been known for tossing mud at the wall.

    Reply
    • Tom

      I agree Frank! Thing is, Larry’s audience is folks like Darren, AF, and others. We are not his target because we actually do research. And on this one, I kept up with that trial every night! Soon I will go back to my wife’s house so I will lose the connection for a month.

      It has been pointed out on numerous occasions by his own people and psychologists that narcissists like Trump want these law suits so that they do not have to address the truth. Instead of saying he is a 34 times convicted felon he gets to say, “Well we are appealing that conviction.” Sort of a plausible deniability issue because nobody ever gets back to him to revise his answer. So the first answer he gives, the “we’re appealing” is the one that sticks!

      Yes, lots of money in defending Trump. Aleena Hobbit is a millionaire several times over and is still at the trough!!! LOL I guess the job title is professional liar, or twister in chief, etc. LOL

      Thanks for the update on AFL. I may not agree with the ACLU every time, but I agree, I have not heard anything racist from them. Seems to me like AFL, MAGA movement, etc are white supremacy clubs where any IQ is accepted for membership! What is disgusting is that Larry writes this crap and lies by omission, keeping key details from his readers to influence them to the right. It seems to me that people that write like Larry writes do not trust in Americans being smart enough to make up their own minds.

      It’s no surprise that AFL is on Project 2025 advisory board, probably also on the board of Heritage Foundation. They seem to go hand in hand. Yes no surprise that AFL would have at least one seat or more on a Trump cabinet!! I hope people start getting the story on just how interconnected Trump, Vance, Heritage, AFL, Trump Felons Club, etc are all interconnected and working to tear down our system and install their White Christian Nationalist agenda. And then there is Laura Lumer his liar in chief, she will have a prominent place in a Trump administration!! And lets not forget that they have the attention, or at least shared values, with a few SCOTUS judges. This is the reality awaiting us if Trump wins. Trump/Vance alternative brutal reality, Felons Club Cabinet decisions, Lumer, special lying advisor and chief propagandist, AFL legal arm, Project 2025 plan, Heritage Foundation policy and guidance, not to mention dishonest statistics! Yes I am sure they have a battle plan for the institutions they wish to attack, and certainly the ACA is probably high up on their list. They say the ACA is not sustainable but say nothing about the 60% rise in homes lost due to medical debt foreclosures and the millions uninsured!! I guess people losing their homes is much more sustainable than people being healthy! Its just a fact, a MAGA fact!!!

      Glad DEI won one! Three cheers for their team!!!

      Trump is not only no friend to alternative lifestyles, judging by all of the law suits he is losing and their associated punitive awards in totality, he is no friend to his own lifestyle either. That is why he needs MAGA folks money. He is the Grifter in Chief!!! The ultimate Con man.

      Reply
  4. AC

    Larry, like Trump, believes this piece is the best he has ever written. It’s probably the best win than any other presidential debate in this country’s history. Also, like Trump, Larry will not ever concede a loss and admit being bested when has rightly been busted.
    Who knows about Larry’s other journalistic works outside PBP. When fact checked for objective truth will his telling come through true in their entirety. Or, as I predict, will that, too, be the continuation of the commentaries he’s known for on PBP.
    Nothing new to see there. It’s all been said by Larry on previous occasions and half truths told without the needed proper contextual appreciation for a just version getting understood.
    Talk about a frivolous complaint in the context of who the defendant is compared to what acts evidence has been presented. Then, there is further evidence of a convoluted insane scheme having been carried out in a cover up attempt. This last act was a financial accounting crime committed to bury payment for an illicit act.
    And, Larry crashes in with an old news story about the judge in Trump’s case being unfit. Therefore, the case against Trump should get derailed and justice deferred into oblivion.
    The judge is clean and Trump is not. Nothing has changed and Larry is arguing on the side of injustice.
    BTW Larry, Trump does not need your legal incompetence, he is confidently incompetent left to his own devices. By all that is good and precious in this world, Trump has no rightful place in government at any level, especially not after the ridiculous performance in this week’s debate.

    Reply

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