David Schoen, who represented former President Donald Trump in his second impeachment trial, argues that Manhattan Judge Juan Merchan should recuse himself from Trump’s business records case due to his daughter’s political fundraising activities.
According to Schoen, Merchan’s disqualification is mandatory under New York law because of the potential conflict of interest arising from his daughter’s involvement in Democratic political campaigns.
Schoen asserts that Merchan’s impartiality might reasonably be questioned, as his daughter, Loren Merchan, has been fundraising for Democratic candidates and organizations, including President Joe Biden’s 2020 presidential campaign and Vice President Kamala Harris’ White House run.
Additionally, Loren Merchan’s company has worked for the pro-Democrat super PAC Senate Majority PAC and continues to work for Rep. Adam Schiff’s Senate campaign.
Schoen also raises concerns about the jury selection process in Trump’s trial, suggesting that jurors who should have been dismissed for cause were retained. He highlights one juror who was eventually dismissed for expressing anti-Trump sentiments on social media.
Regarding the legal aspects of the case, Schoen argues that the indictment against Trump is defective because the grand jury did not specify the target crime. He contends that Trump has the right to know the exact charges against him to mount a proper defense.
Schoen also raises the issue of double jeopardy, suggesting that the lack of specificity in the indictment could lead to legal complications for the prosecution.
Schoen hopes the case will be appealed to the appellate division court, where Trump’s legal team can further argue these issues. He emphasizes the importance of addressing these legal concerns to ensure a fair trial for Trump.