Juan Merchan, the judge overseeing the Manhattan criminal case against former President Donald Trump appears to have donated at least $35 to Trump’s 2020 political opponents, according to a recent review of Federal Election Commission (FEC)
records.
The FEC lists a $15 entry from a “Juan Merchan” in 2020 to “Biden for President”—Joe Biden’s official 2020 campaign.
Another FEC entry lists a $10 donation to the “Progressive Turnout Project”—an organization whose
stated mission is to “rally Democrats to vote.”
A third FEC entry lists a $10 donation to “Stop Republicans”—a subsidiary of the Progressive Turnout Project that
describes itself as a “grassroots-funded effort dedicated to resisting the Republican Party and Donald Trump’s radical right-wing legacy.”
The “Juan Merchan” described in all three entries listed himself as a judge living in the Forest Hills neighborhood of New York City, and lists his employer as the New York State Office of Court Administration (NYS OCA).
NTD News reached out to Biden For President and the Progressive Turnout Project for comment but neither organization responded before this article was published.
Ethical Concerns
Merchan’s apparent political donations, if authentic, could pose an ethical issue for his continued handling of Trump’s case.Section 100.5 of the New York Code of Judicial Conduct, states sitting judges cannot “directly or indirectly engage in any political activity“ except to vote, identify himself or herself as a member of a political party, and comment ”on behalf of measures to improve the law, the legal system or the administration of justice." Prohibited political activity includes “soliciting funds for, paying an assessment to, or making a contribution to a political organization or candidate.”
The New York State Advisory Committee on Judicial Ethics’s yearly-updated handbook further
states, “A sitting judge may not make political contributions at any time, even to a U.S. presidential candidate or to a federal congressional candidate outside of New York State.”
Furthermore, the American Bar Association’s Model Code of Judicial Conduct
states that unless permitted by law, a judge shall not “solicit funds for, pay an assessment to, or make a contribution to a political organization or a candidate for public office.” In addition, “a part-time judge who practices law may not permit his/her law firm to make political contributions using the law firm’s checking account, ‘even where the judge is not the signatory on the check.’”
These New York State judicial conduct rules are similar to the American Bar Association’s Model Code of Judicial Conduct, which
states a judge shall not “make a contribution to a political organization or a candidate for public office” unless otherwise permitted by law.
It remains to be seen if and how these apparent political donations by Merchan may impact the Trump case.
“We would have no idea regarding any donations, and should either party have any issues or concerns, it is for them to address directly with the Court,” a spokesperson for the New York court system said in an emailed statement.
NTD News reached out to Merchan’s office for further comment but did not receive a response before this article was published.
Trump’s Criticism of Merchan
Merchan’s apparent political donations have resurfaced as he is set to oversee a criminal proceeding against Trump on allegations that he falsified business records. Trump was Biden’s main political rival in the 2020 presidential election and is currently running for the Republican 2024 presidential nomination. Polling has consistently placed Trump as the frontrunner in the 2024 Republican presidential race.Trump has already accused Merchan of holding political bias against him in the case. In a
post on Truth Social on March 31, Trump wrote that the judge assigned to his “witch hunt” case “HATES ME.” Trump noted that Merchan has presided over previous cases involving Trump’s business affiliates and alleged Merchan “strong armed” former Trump Organization CFO Allen Weisselberg into
taking a plea deal in a recent case.
Trump has claimed Merchan’s anti-Trump bias may go even deeper. In an April 4 Truth Social
post, he said Merchan’s family are “WELL KNOWN TRUMP HATERS.” Trump’s son Donald Trump Jr. also recently
posted a link to a Breitbart report indicating Merchan’s daughter worked as a “director of digital persuasion” for “Kamala Harris For The People” and has worked for a campaign firm tied to other Democratic political candidates.
Mike Davis, a former Republican chief counsel on the Senate Judiciary Committee,
told CNN that Merchan’s apparent political donations should disqualify him from overseeing the case against Trump.
“He donated to Joe Biden’s campaign. He should get off this case. And this judge has a history, with President Trump, in prior cases,” Davis said.
CNN legal analyst and former Manhattan prosecutor Karen Friedman Agnifilo said, “Judge Merchan has a reputation of being a fair down-the-middle judge, however, donating to a defendant’s political rival can cause the appearance of a conflict, even where there is none, and creates an unforced error in this case involving Trump.”
