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.