Trump readies second bite at recusal apple in New York cases- Donald Trump, the first former president in American history to face charges for state or federal crimes, is preparing for a second bite at the recusal apple in New York cases.
This development comes as he faces multiple indictments, including a state indictment on business fraud charges in New York, a federal indictment on classified documents charges in Florida, a federal indictment in a 2020 election interference case, and a state indictment in a 2020 election interference case in Fulton County, Georgia.
In the New York business fraud case, Trump is accused of violating New York State law by allegedly agreeing to obscure a series of reimbursements to his former lawyer and fixer, Michael Cohen.
Key Facts
- Donald Trump is filing a second motion to recuse the judge in his New York City hush money case, citing “changed circumstances and newly discovered evidence” 1.
- The defense’s opposition brief aims to refute claims that Trump violated a gag order issued by Justice Juan M. Merchan.
- The defense’s strategy involves challenging the judge’s authority to oversee the case, following an earlier court ruling that limited the number of docket entries.
- The defense’s motion for recusal echoes their June 2023 attempt, which was based on Merchan’s daughter’s political activities and was rejected by the Empire State court ethics panel.
Cohen made a $130,000 alleged “hush money” payment to adult film star Stephanie Clifford, known as Stormy Daniels, days before the 2016 election, in exchange for her silence about an alleged affair with Trump. Prosecutors accuse Trump of illegally portraying the reimbursements to Cohen as legal expenses. The charges include 34 counts of falsifying business records in the first degree, and the trial is scheduled to begin on April 15.
The federal indictment on classified documents charges in Florida accuses Trump of keeping classified documents after leaving the White House and storing them in various locations at The Mar-a-Lago Club. He is also accused of a “scheme to conceal” that he had kept those documents. The indictment includes counts of unlawful retention of national defense information, conspiracy to obstruct justice, withholding a document or record, and corruptly concealing a document or record, among others. The trial date has been proposed as July 8, with the defense arguing for a later date if necessary.
In the 2020 election interference case, Trump is accused of participating in a scheme to interfere with the peaceful transfer of power after he lost the 2020 election to now-President Joe Biden. The indictment accuses Trump and six unindicted, unnamed co-conspirators of knowingly spreading lies about widespread “fraud in the election” and that he had actually won, leading to the Jan. 6, 2021 attack on the Capitol. The trial was initially scheduled for March 4 but was postponed while Trump appealed a claim of “presidential immunity” from the charges to the Supreme Court.
The state indictment in the 2020 election interference case in Fulton County, Georgia, accuses Trump and 18 others under Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) law of coordinating an effort to thwart proper certification of the state’s 2020 presidential election, which Biden won. The investigation was launched after a recorded phone call to Georgia Secretary of State Brad Raffensperger, in which Trump pressed him “to find 11,780 votes.” Trump denies the allegations. The charges include conspiracy to commit forgery in the first degree, conspiracy to commit false statements and writings, and violation of Georgia RICO Act, among others. The trial is ongoing, with Trump and all 18 co-defendants pleading not guilty.
These cases represent a significant legal challenge for Trump, who has been involved in numerous legal proceedings throughout his career. The outcomes of these trials will have significant implications for Trump’s future, including potential criminal charges and the impact on his public image and political standing.
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