'Stale and unsubstantiated': Trump’s recusal motion denied in scathing rebuke

New York Supreme Court Judge Juan Merchan served up a scathing rebuke to Donald Trump and his attorneys as he denied their third motion seeking his recusal, leaving the calendar unchanged and moving toward his September 18 sentencing of the criminally-convicted ex-president on 34 felony fraud charges related to his efforts to cover up hush-money payments to protect his 2016 presidential campaign.

“Stated plainly,” Judge Merchan concluded, “Defendant’s arguments are nothing more than a repetition of stale and unsubstantiated claims.” He added, “this Court now reiterates for the third time, that which should already be clear – innuendo and mischaracterizations do not a conflict create. Recusal is therefore not necessary, much less required.”

“Defendant has provided nothing new for this Court to consider,” Merchan added. “Counsel has merely repeated arguments that have already been denied by this and higher courts,” while calling their motion “rife with inaccuracies and unsubstantiated claims.”

ABC News described Judge Merchan as “exasperated.”

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Trump’s attorneys have claimed that because Judge Merchan’s daughter works as a political consultant for Democrats he has a conflict of interest. As Merchan wrote in his ruling, in May of 2023, after he brought the issue to their attention, the Advisory Committee on Judicial Ethics ruled family members’ work does not present a conflict and allowed him to continue. A higher court also ruled there was no conflict of interest.

Judge Merchan rebuked Trump’s attorneys for filing the third motion to recuse, “48 days after the deadline set by this Court for the filing of post-verdict motions,” and without seeing permission to file the motion or requesting an extension on the deadline.

Merchan, stating Trump’s attorneys’ arguments were “not entirely clear,” shut down their claim the gag order placed on Trump is “unjust and unconstitutional.”

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“This argument does not merit extensive discussion since it does not credibly purport to support the motion for recusal,” Judge Merchan wrote. “Rather, it would appear to be nothing more than an attempt to air grievances against this Court’s rulings.”

He also swatted away their claim that because Vice President Kamala Harris has now become the “Presumptive nominee of the Democratic party,” they should be granted their motion.

Merchan appeared to chastise Trump’s attorneys, suggesting they could be crossing a line by filing this third motion: “counsel has been warned repeatedly that such advocacy must not come at the expense of professional responsibility in one’s role as an officer of the court.”

NBC News legal analyst Catherine Christian on MSNBC Wednesday suggested the repeated attempts could lead to Trump’s attorneys being sanctioned for filing “frivolous” motions. She opined she does not believe Judge Merchan will sentence Trump to prison.