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Juan Merchan
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Juan Manuel Merchan[1] (born 1962/1963)[2] is an American judge and former prosecutor. He is an acting justice of the New York State Supreme Court in New York County (Manhattan). He presided over the 2024 criminal trial of former US president Donald Trump, in which Trump was found guilty by the jury. Merchan is the first judge in history to preside over the criminal indictment and a guilty verdict of a US President, and the first judge to hold a President in criminal contempt of court.
Key Information
Early life and education
[edit]Merchan was born in Bogotá, Colombia.[3] He immigrated to New York City when he was six years old, growing up in Jackson Heights, Queens, as the youngest of six children. His father had been a military officer in Colombia.[4] Merchan studied business at Baruch College in Manhattan, graduating in 1990, and earned his Juris Doctor from Hofstra University School of Law on Long Island in 1994.[2] He was the first member of his family to go to college.[5]
Career as prosecutor
[edit]In 1994, Merchan began his career as an assistant district attorney in the Manhattan district attorney's office.[6] He worked in the office's Trial Division and Investigations Division,[1] prosecuting financial frauds and other cases.[6] From 1999 to 2006, he worked for the New York State Attorney General's office, first as Deputy Attorney General in-Charge, Nassau County Region (1999–2001), then as Assistant Attorney General in-Charge of Affirmative Litigation for Nassau and Suffolk Counties (2003–2006), and then as Assistant Attorney General in-Charge Nassau County Region (2003–2006).[1]
Career as judge
[edit]Merchan became a judge in 2006 when New York City mayor Michael Bloomberg appointed him to the New York City Family Court, Bronx County.[6] He remained in that role until 2009.[1] Chief Administrative Judge Ann Pfau appointed Merchan as Acting Justice in the Supreme Court of New York, New York County, Criminal, in 2009, and he has been in that position since that time.[1] Merchan presides over felony criminal trials.[1] Merchan also previously served concurrently as a judge of the New York Court of Claims, being appointed to that role by Governor David Paterson in 2009 and serving until 2018.[1]
First criminal trial of a former president
[edit]Justice Merchan was the judge in The People of the State of New York v. Donald J. Trump, concerning former U.S. president Donald Trump, who was criminally indicted on 34 felony counts, making Merchan the first judge in history to preside in the criminal indictment of a US president.[7] The indictment of Trump was delivered by a grand jury on March 30, 2023.[8][9] It was unsealed the same day, with Trump pleading not guilty.[7] The jury trial began on April 15, 2024, and on April 30, Merchan held Trump in contempt of court, making him the first judge in history to hold a US President in criminal contempt of court.[10]
During the trial, former President Donald Trump called Merchan's daughter, who heads a digital marketing agency that works with Democratic Party candidates and non-profits,[11][12][13] "a rabid Trump hater, who has admitted to having conversations with her father about me."[12] Trump demanded a new judge, but prosecutors asserted that Trump’s allegation amounted to a "daisy chain of innuendos [that] is a far cry from evidence,"[13] and Merchan did not recuse himself from the case.[14]
Reactions to Merchan’s management of this Trump trial were varied. For example, on May 21, 2024, Congresswoman Elise Stefanik of New York filed an ethics complaint against Merchan, alleging a conflict of interest.[15] The attorney and legal commentator Elie Honig wrote that, generally speaking, "Judge Merchan has done an exceptional job running this trial thus far",[16] and is a "thoroughly impressive jurist" but he should nevertheless recuse himself.[17] George Grasso, a retired New York City administrative judge who supervised other judges, wrote, "As a retiree, I was able to attend each day of the Trump trial. What I saw was a master class in what a judge should be — how one can serve fairly and impartially for the prosecution and the defense, and above all remain a pillar for the rule of law in America."[18] Merchan received dozens of death threats for his role as the judge presiding over Trump's arraignment and criminal trial.[19][20][21]
On May 30, the case ended in a conviction on all counts. Originally, Trump's sentencing was scheduled by Merchan to take place on July 11, 2024.[22][23][24] This was delayed to September 18, 2024, following the Supreme Court's ruling in Trump v. United States that granted presumptive immunity to former presidents for official acts while in office.[25][26][27] On September 6, 2024, Merchan postponed the sentencing and scheduled it to take place after the presidential election on November 26, 2024,[28][29] with his stated reason being that he wanted to avoid the appearance of a political motivated sentencing.[30][31][32]
On January 3, 2025, the judge set a sentencing date for January 10, and indirectly signaling that Trump would not face any penalties.[33][34] Even so, Trump's spokesperson[35] and supporters reacted angrily.[36][37]
Other notable cases
[edit]In 2011, Merchan presided over the case of a New York Police Department sergeant, William Eiseman, who admitted to conducting illegal searches and then lying about his actions in court. Eiseman pleaded guilty to first-degree perjury and official misconduct, and Merchan sentenced him to 24 days in jail; Eiseman also forfeited his pension.[38][39]
In 2012, Merchan presided over the criminal proceedings against Anna Gristina, who was charged with operating an upscale prostitution ring on the Upper East Side.[40][41] Gristina and a co-defendant had been arrested in February 2012, after an investigation by the Manhattan DA's office.[41] Merchan set bail at a $2 million bond, or $1 million cash; because Gristina was unable to meet this amount, she was detained at Rikers Island jail for four months.[42] The Appellate Division lowered Gristina's bail to $250,000 bond or $125,000 cash, on condition that she give up her passport and be electronically monitored.[42] Gristina, nicknamed the "Soccer Mom Madam", pleaded guilty to one count of promoting prostitution, and Merchan sentenced her to six months in jail, which amounted to time already served due to the four months Gristina had spent at Rikers before being bailed.[43][44]
In late 2022, Merchan oversaw the five-week criminal trial of the Trump Organization; the organization was convicted of 17 counts of tax fraud.[45] Merchan presided over the criminal case of Donald Trump's former financial chief Allen Weisselberg, who pleaded guilty to his role in a 15-year-long tax-fraud scheme.[46][47] Weisselberg admitted to evading taxes by accepting $1.7 million in off-the-books compensation and entered a plea agreement, in which he testified against The Trump Organization and helped to secure the company's conviction.[48] Merchan sentenced Weisselberg to five months at Rikers Island and said he would have imposed a substantially longer sentence but for the plea agreement.[47]
Merchan is the judge assigned to preside over the criminal trial of Steve Bannon, a former Trump adviser who was indicted in September 2022 on charges of fraud and money laundering in connection with a fundraising scheme. The case was set for trial in May 2024,[49] but was postponed until September.[50]
Political views
[edit]During the 2020 United States presidential election, Merchan donated $15 to Democratic Party candidate Joe Biden's campaign, $9 to the Progressive Turnout Project, and $10 to Stop Republicans, a subsidiary of the Progressive Turnout Project.[51][52][53]
See also
[edit]References
[edit]- ^ a b c d e f g "Judges Profiles: Juan Merchan". New York Law Journal. Retrieved March 31, 2023.
- ^ a b Gregorian, Dareh; Reiss, Adam (March 31, 2023). "Who's Judge Juan Merchan? Trump says he 'hates me' but lawyers say he's fair". NBC News. Retrieved April 1, 2023.
- ^ Sharp, Rachel; Dodds, Io (March 31, 2023). "Juan Merchan: Who is the judge likely to try Trump's criminal case?". The Independent. Retrieved March 31, 2023.
- ^ Rashbaum, William K.; Bromwich, Jonah E. (December 6, 2022). "Judge in Trump Company Trial Knew How to Read the Numbers". The New York Times. Retrieved April 1, 2023.
- ^ Kashiwagi, Sydney (April 1, 2023). "Meet the judge presiding over Trump's criminal arraignment". CNN. Retrieved April 1, 2023.
- ^ a b c Gold, Michael (April 4, 2023). "This will be Justice Juan M. Merchan's second time overseeing a Trump case". The New York Times. Retrieved March 15, 2024.
- ^ a b Bromwich, Jonah E.; Rashbaum, William K.; Protess, Ben; Haberman, Maggie (April 4, 2023). "From President to Defendant: Trump Pleads Not Guilty to 34 Felonies". The New York Times. Retrieved April 5, 2023.
- ^ Jacobs, Shayna; Dawsey, Josh; Barrett, Devlin; Alemany, Jacqueline (March 30, 2023). "Trump indicted by N.Y. grand jury, first ex-president charged with crime". The Washington Post. Retrieved March 31, 2024.
- ^ Marritz, Ilya; Bernstein, Andrea; Chappell, Bill; Romo, Vanessa (March 30, 2023). "Former President Donald Trump has been indicted by a Manhattan grand jury". NPR. Retrieved March 31, 2024.
- ^ Aftergut, Dennis; Baron, Frederick (April 30, 2024). "The Rule of Law Finally Comes for Donald Trump". Slate. Archived from the original on May 1, 2024. Retrieved May 1, 2024.
- ^ Lizza, Ryan, et al. "POLITICO Playbook: Democracy week in Washington", Politico (5 Jun 2022).
- ^ a b Bagchi, Aysha. "Donald Trump attacks NY judge's daughter, Manhattan DA Bragg requests court intervene", USA Today (1 April 2024).
- ^ a b Sisak, Michael. "Donald Trump is demanding a new judge just days before the start of his hush-money criminal trial", Associated Press via ABC News (April 5, 2024),
- ^ "Judge in Trump's hush money case refuses to recuse himself", NBC News (14 August 2023).
- ^ Casiano, Louis and Singman, Brooke. "Stefanik files ethics complaint against Trump trial judge, cites daughter's work for group promoting Dems", Fox News (May 21, 2024).
- ^ Honig, Elie. “The Slippery Question of Reasonable Doubt at the Trump Trial”, New York magazine (May 17, 2024).
- ^ Honig, Elie. "Note from Elie: Judge Merchan Is Admirable – But He Should Recuse", CAFE (April 14, 2023).
- ^ Grasso, George (June 2, 2024). "I Supervised New York City Judges. Juan Merchan Put On a Master Class in the Trump Trial". The New York Times. Archived from the original on June 5, 2024. Retrieved June 5, 2024.
- ^ Milton, Pat; Kates, Graham (April 7, 2023). "Judge in Trump criminal case targeted with threats". CBS News. Retrieved June 12, 2024.
- ^ Dienst, Jonathan; Shabad, Rebecca; Kamisar, Ben; Jarrett, Laura (April 5, 2023). "Trump judge and his family receive threats after New York arrest". NBC News. Retrieved June 12, 2024.
- ^ Eisler, Peter; Parker, Ned; Tanfani, Joseph (May 15, 2024). "'They should all be executed.' How Trump's attacks on judges are fueling online calls for violence". USA Today. Retrieved June 12, 2024.
- ^ Sisak, Michael R.; Peltz, Jennifer; Tucker, Eric; Price, Michelle L.; Colvin, Jill (May 31, 2024). "Donald Trump becomes first former U.S. President convicted of felony crimes". Associated Press. Retrieved May 31, 2024.
- ^ Berman, Mark; Jacobs, Shayna; Barrett, Devlin; Hawkins, Derek (May 30, 2024). "Donald Trump found guilty on all counts in New York hush money trial". The Washington Post. Retrieved May 31, 2024.
- ^ Herb, Jeremy (May 30, 2024). "Trump found guilty in hush money trial | CNN Politics". CNN. Retrieved May 30, 2024.
- ^ Wilson, Taylor (July 3, 2024). "Trump's hush money sentencing delayed after Supreme Court immunity ruling". USA Today. Retrieved July 6, 2024.
- ^ Jacobs, Shayna; Barrett, Devlin (July 2, 2024). "Trump's sentencing in N.Y. hush money case postponed until September". The Washington Post. Retrieved January 11, 2025.
- ^ Offenhartz, Jake; Peltz, Jennifer (July 2, 2024). "Judge delays Trump's hush money sentencing until at least September after high court immunity ruling". AP News. Retrieved January 11, 2025.
- ^ Bustillo, Ximena (September 6, 2024). "Trump gets criminal sentencing delayed till after presidential election". NPR. Retrieved January 11, 2025.
- ^ Orden, Erica (September 6, 2024). "Trump hush money sentencing delayed until after November election". Politico. Retrieved January 11, 2025.
- ^ Cohen, Luc (September 6, 2024). "Judge delays Trump hush money sentencing until after election". Reuters. Retrieved January 11, 2025.
- ^ Scannell, Kara; Del Valle, Lauren; Herb, Jeremy (September 7, 2024). "Judge delays Trump's sentencing until after the election". CNN. Retrieved January 11, 2025.
- ^ Reiss, Adam; Jarrett, Laura; Gregorian, Dareh (September 6, 2024). "Judge delays Trump sentencing in hush money case until after November election". NBC News. Retrieved January 11, 2025.
- ^ "Judge in Trump hush money case sets sentencing for Jan. 10 and signals no jail time". NBC News. Retrieved January 4, 2025.
- ^ Scannell, Kara; Reid, Paula; Sneed, Tierney (January 3, 2025). "NY judge says Trump will face no penalties in his criminal hush money case but upholds conviction | CNN Politics". CNN. Retrieved January 4, 2025.
A sentence of an unconditional discharge appears to be the most viable solution to ensure finality and allow Defendant to pursue his appellate options," Merchan wrote. The judge also said that he would allow Trump to appear to the sentencing virtually, to assuage the president elect's concerns about the "mental and physical demands during this transition period.
- ^ "'Witch Hunt': Trump spokesman lashes out at after Trump ordered to appear for sentencing". rawstory. Retrieved January 4, 2025.
- ^ "'Banana republic!' MAGA melts down as judge sets sentencing in Trump's hush money case". rawstory. Retrieved January 4, 2025.
- ^ Christobek, Kate (January 10, 2025). "Justice Merchan, Who Is Imposing Trump's Sentence, Has Felt the Brunt of His Attacks". The New York Times.
- ^ Eligon, John (June 27, 2011). "Police Sergeant to Get Jail Term for Perjury and Illegal Searches". The New York Times. Retrieved March 15, 2024.
- ^ Grace, Melissa (June 27, 2011). "NYPD Sgt. William Eiseman pleads guilty to lying under oath in plea deal". New York Daily News. Retrieved March 15, 2024.
- ^ Barnard, Anne; Moynihan, Colin (March 7, 2012). "Charged as Madam, and Defended as Entrepreneur and Pig Rescuer". The New York Times. Retrieved March 15, 2024.
- ^ a b Rosenberg, Noah (March 15, 2012). "New Lawyers for Woman Charged as High-End Madam". The New York Times. Retrieved March 15, 2024.
- ^ a b Buettner, Russ (June 13, 2012). "Woman Said to Be a Madam Wins a Big Cut in Her Bail". The New York Times. Retrieved March 15, 2024.
- ^ Buettner, Russ (September 26, 2012). "Suburban Mother Pleads Guilty to Running a Brothel on the Upper East Side". New York Times. Retrieved March 15, 2024.
- ^ Van Voris, Bob (July 2, 2021). "Trump Judge Has Had Some Dramatic Cases, Like 'Soccer Mom Madam'". Bloomberg News. Retrieved March 15, 2024.
- ^ Hurtado, Patricia; Van Voris, Bob (March 31, 2023). "Donald Trump is already attacking the judge handling his hush-money case and spelling his name incorrectly". Fortune. Bloomberg News. Retrieved March 31, 2023.
- ^ Protess, Ben; Rashbaum, William K.; Bromwich, Jonah E. (August 15, 2022). "Trump Executive Nears Plea Deal With Manhattan Prosecutors". The New York Times. Retrieved March 15, 2024.
- ^ a b Protess, Ben; Bromwich, Jonah E.; Rashbaum, William K. (January 10, 2023). "Trump's Longtime Finance Chief Sentenced to 5 Months in Jail". The New York Times. Retrieved March 15, 2023.
- ^ SIsak, Michael R. (August 18, 2022). "Trump executive pleads guilty in tax case, agrees to testify". AP News. Retrieved March 15, 2024.
- ^ Scannell, Kara (May 25, 2023). "Trial date set for Steve Bannon's fundraising fraud case". CNN. Retrieved March 2, 2024.
- ^ Palmer, Ewan (May 1, 2024). "Steve Bannon's Trial Postponed". Newsweek. Retrieved May 29, 2024.
- ^ Herb, Jeremy; Scannell, Kara; del Valle, Lauren (April 6, 2023). "$35 political contribution to Democrats raises fresh scrutiny of Judge Merchan | CNN Politics". CNN. Retrieved April 16, 2024.
- ^ Helmore, Edward (May 18, 2024). "Trump trial judge rebuked for donations to Democrat-aligned groups in 2020". The Guardian. Retrieved March 10, 2025.
- ^ Kamisar, Ben; Reiss, Adam (April 6, 2023). "Judge in Trump's New York case appears to have donated $15 to Biden for President in 2020". NBC News. Retrieved March 10, 2025.
Juan Merchan
View on GrokipediaPersonal Background
Early Life and Immigration
Juan Manuel Merchan was born on July 29, 1962, in Bogotá, Colombia, during a period of political violence involving government forces and peasant self-defense groups.[12] His father, José, served as a military officer in Colombia before seeking safer opportunities abroad amid the country's instability.[12][13] In 1968, at the age of six, Merchan immigrated to the United States with his family, which included five siblings, settling in the Jackson Heights neighborhood of Queens, New York City.[12][14] The family faced economic hardship upon arrival; Merchan's father took low-wage jobs, such as washing dishes in Harlem restaurants, to support them.[13] Merchan grew up in a working-class immigrant household, attending New York City public schools as the youngest child.[2][15] As a first-generation immigrant, Merchan entered the workforce early, taking jobs like carrying groceries for elderly neighbors in Jackson Heights to contribute to his family's income.[14] He was the first in his family to attend college, reflecting the upward mobility enabled by his parents' decision to emigrate.[16][17]Education and Family Origins
Juan Merchan was born in Bogotá, Colombia, on July 29, 1962.[12] His family emigrated from Colombia to the United States when he was six years old, settling in the Jackson Heights neighborhood of Queens, New York City.[5][16] Merchan was the first in his family to attend college, reflecting his immigrant working-class roots.[16][17] Merchan attended public schools in New York City as a product of the city's education system.[2] He began studying business at Baruch College of the City University of New York but initially dropped out to work before returning to earn a Bachelor of Business Administration degree in 1990.[18][19] He subsequently obtained his Juris Doctor from Hofstra University School of Law in 1994.[4][1]Prosecutorial Career
Service in Manhattan DA's Office
Merchan commenced his prosecutorial career in 1994 as an assistant district attorney in the Manhattan District Attorney's Office, then led by Robert Morgenthau.[20] He initially served in the Trial Division from 1994 to 1998, where he prosecuted criminal cases in court proceedings.[1] [2] In 1998, Merchan shifted to the Investigations Division of the same office, focusing on pre-trial investigative work until 1999.[2] [21] This role involved specializing in areas such as money laundering and organized crime probes, building on his trial experience to support broader prosecutorial efforts.[21] His five-year tenure in the office provided foundational experience in New York criminal law, emphasizing trial advocacy and investigative techniques under a high-volume caseload typical of Manhattan's prosecutorial demands.[22] In 1999, Merchan departed the DA's office for a position in the New York State Attorney General's Office.[2]Key Prosecutions and Experience Gained
Merchan began his prosecutorial career in 1994 as an assistant district attorney in the Manhattan District Attorney's Office, serving for five years primarily in the Trial Division.[23] In this role, he handled litigation of criminal cases, focusing on financial crimes such as fraud.[13] This work involved preparing and presenting evidence in court, examining witnesses, and arguing before juries in matters requiring detailed analysis of financial records and intent.[4] Although specific high-profile prosecutions from this period are not prominently documented in public records, Merchan's tenure equipped him with practical expertise in the procedural and evidentiary demands of white-collar criminal trials, including chain-of-custody issues for documents and cross-examination of expert witnesses on accounting practices.[24] His background in auditing prior to law school further honed his ability to dissect financial discrepancies, a skill evident in his later judicial handling of tax evasion and corporate fraud cases.[14] This foundational experience in the high-volume environment of Manhattan's criminal courts—where the DA's office processed thousands of felony indictments annually—instilled a rigorous approach to case preparation and adherence to evidentiary standards, contributing to his reputation as a detail-oriented litigator before ascending to supervisory roles in the state Attorney General's office in 1999.[6]Pre-Judicial Legal Roles
Defense Practice
Merchan did not maintain a private criminal defense practice following his prosecutorial roles in the Manhattan District Attorney's Office. Instead, from 1999 to 2006, he served in the New York State Attorney General's Office, where his responsibilities included investigating and prosecuting civil and criminal violations, as well as defending the state, its agents, and agencies against lawsuits in state and federal courts.[2] This defensive litigation experience primarily involved civil matters on behalf of the government, rather than representing private criminal defendants. No public records indicate involvement in solo or firm-based defense work for individual clients during this period.[19]Public Service Positions
Prior to his appointment to the bench, Juan Merchan served as an Assistant Attorney General in the New York State Attorney General's Office for approximately seven years.[25] In this capacity, he investigated and prosecuted civil and criminal violations of state law, conducted trials, and represented New York State, its agencies, and public officials in litigation matters.[2] His responsibilities included handling cases in Nassau and Suffolk Counties, where he acted as the assistant attorney general in charge for Nassau County.[4] [26] This role encompassed both enforcement actions against violations and defensive litigation on behalf of state entities, broadening his experience beyond local district-level prosecutions.[27] No additional public service positions, such as advisory roles or commissions, are documented in available records from this period.Judicial Appointment and General Tenure
Path to the Bench
Merchan was appointed to the New York City Family Court bench in Bronx County in August 2006 by Mayor Michael Bloomberg, where he initially presided over juvenile delinquency and child protection matters.[2][28] This appointment followed his experience as a prosecutor in the Manhattan District Attorney's Office and as an assistant attorney general.[4] In 2009, Chief Administrative Judge Ann T. Pfau designated him as an acting justice for the New York County Supreme Court, Criminal Term, in the 1st Judicial District, enabling him to handle felony criminal cases.[1][28] That same year, Governor David Paterson appointed him to the New York State Court of Claims, a position requiring confirmation by the New York State Senate.[5][2] These roles marked his transition from family court to broader criminal and civil jurisdictions, with his acting Supreme Court status extended through subsequent administrative designations rather than partisan election.[1]Contributions to Problem-Solving Courts
Juan Merchan has presided over the Manhattan Mental Health Court (MMHC) since its inception in 2011, serving as the sole judge handling cases for defendants with diagnosed mental illnesses such as bipolar disorder, major depression, or schizophrenia.[29][30] The court, designated as Part 59M, focuses on non-violent felony offenders aged 18 and older, excluding those charged with sex offenses or firearms violations, who voluntarily participate in 12- to 24-month supervised treatment programs aimed at charge dismissal or reduction upon successful completion.[29][15] Sessions are held on Fridays in Room 1602 of the New York Supreme Court, with Merchan managing a docket that has exceeded its annual budget of 50 cases, reaching nearly 70 at times.[29][15] Between 2014 and 2021, the court referred 300 defendants, accepted 190 into the program, and saw 100 successful graduations, enabling participants to avoid traditional incarceration through monitored psychiatric and therapeutic interventions rooted in the drug court model.[15][30] Merchan also oversees the Manhattan Veterans Treatment Court, providing a comparable problem-solving framework for military veterans facing criminal charges, with supervised treatment and rehabilitation as alternatives to punishment.[19][15] In this capacity, he has granted plea vacations, such as in the case of defendant Zenith Harper, allowing eligible veterans to pursue recovery while deferring sentencing.[19] The veterans' docket emphasizes connecting participants to specialized services, reflecting Merchan's broader commitment to therapeutic jurisprudence for vulnerable populations.[19] Over nearly a decade of involvement, Merchan has contributed to developing problem-solving court infrastructure in New York, facilitating connections between defendants and community-based treatment to reduce reliance on incarceration.[19] His sustained oversight of these courts has been credited with promoting fairness and rehabilitation, handling diverse caseloads that prioritize empirical outcomes like program completion rates over punitive measures alone.[19][15]Notable Judicial Cases Prior to Trump Matters
Trump Organization and Associate Trials
In October 2021, Manhattan District Attorney Cyrus Vance Jr. charged Allen Weisselberg, longtime chief financial officer of the Trump Organization, with 15 felony counts of tax evasion, alleging he failed to report over $1.7 million in income from off-the-books perks such as luxury apartments, cars, and private school tuition spanning from 2005 to 2017.[31] Weisselberg, who had worked for the Trump family business since 1973, entered a guilty plea on August 18, 2022, before Judge Juan Merchan, admitting to the charges in exchange for a recommended sentence of five months' imprisonment and five years' probation; Merchan accepted the deal and imposed the sentence on November 15, 2022, emphasizing the defendant's age of 75 but underscoring the seriousness of the 15-year scheme.[32] Earlier, on August 12, 2022, Merchan denied motions by Weisselberg and the Trump Organization to dismiss the charges, ruling that the allegations of intentional tax fraud were sufficiently supported by evidence and not barred by statutes of limitations or prosecutorial misconduct claims.[33] Parallel to Weisselberg's case, the Manhattan DA's office indicted two Trump Organization entities—Trump Corporation and Trump Payroll Corporation—in September 2021 on 17 counts of criminal tax fraud, falsifying business records, and conspiracy, accusing them of orchestrating a decade-long scheme to defraud tax authorities by paying executives untaxed compensation disguised as benefits.[34] Merchan presided over the trial, which began in November 2022 and concluded on December 6, 2022, when a jury convicted both entities on all counts after less than five hours of deliberation, finding the company liable for aiding and abetting Weisselberg's evasion through deliberate record falsification.[6] During proceedings, Merchan rejected defense arguments that the case was selectively prosecuted or politically driven, stating on the record that the evidence demonstrated a "brazen" corporate policy of tax avoidance rather than individual errors.[4] On January 13, 2023, Merchan sentenced the Trump Organization to the maximum penalty of a $1.6 million fine—calculated as twice the tax loss to New York State—along with a five-year corporate compliance monitor and restrictions on executive compensation practices, rejecting defense pleas for leniency by noting the company's lack of remorse and history of similar violations.[35] The ruling highlighted Merchan's prior experience as a financial auditor, which informed his scrutiny of the forensic accounting evidence presented, including ledgers showing unreported payments totaling millions.[14] No other Trump Organization associates faced trials directly under Merchan in these matters, though the cases stemmed from a broader investigation into executive perks that implicated but did not charge Donald Trump personally.[6]Other Significant Rulings
In the 2012 trial of People v. Gristina, New York Supreme Court Justice Juan Merchan presided over the prosecution of Anna Gristina, known in media reports as the "Millionaire Madam" or "Soccer Mom Madam," for operating a high-end prostitution ring catering to wealthy clients in Manhattan. Gristina was convicted of one count of promoting prostitution in the second degree following a non-jury trial, with Merchan issuing the verdict on March 15, 2012, after determining that evidence supported her role in managing escort services involving multiple prostitutes.[36] On April 9, 2012, Merchan denied a defense motion to reduce her $50,000 bail, citing the seriousness of the charges and flight risk concerns, thereby maintaining her detention pending sentencing.[37] He later sentenced Gristina to six months in jail and five years of probation on May 1, 2012, emphasizing the organized nature of the enterprise while rejecting harsher penalties sought by prosecutors.[38] Merchan's decision to seal certain trial transcripts in the Gristina case drew subsequent legal challenge; in 2017, Gristina filed an Article 78 petition seeking unsealing, which appellate courts upheld, affirming Merchan's discretion in protecting sensitive information related to uncharged third parties and ongoing investigations.[39] Federal courts, including the U.S. District Court for the Southern District of New York and the Second Circuit in 2025, dismissed related suits against Merchan under the Younger abstention doctrine, declining to interfere with state court record management absent extraordinary circumstances.[40] In a 2015 sentencing for base jumping from One World Trade Center, Merchan imposed probation on two defendants convicted of reckless endangerment and unlawful entry, criticizing their actions as disrespectful to the site's significance as a 9/11 memorial. He stated that the jumps "sullied the memory" of victims, noting the post-9/11 changes in public sensitivity to the location, and opted against jail time given the absence of prior records but stressed the gravity of endangering public safety at a symbolic landmark.[41] Merchan has issued rulings in various felony cases involving violent crimes, such as denying suppression motions in People v. Matthews (2017), where he upheld the admissibility of evidence in an attempted murder prosecution based on probable cause for the underlying arrest.[42] These decisions reflect a pattern of applying standard evidentiary standards without notable deviation, prioritizing procedural integrity in routine criminal matters.The Trump Hush Money Trial
Case Background and Proceedings
The hush money case against Donald Trump, formally People v. Donald J. Trump, stemmed from a $130,000 nondisclosure agreement payment made by Trump's former attorney Michael Cohen to adult film actress Stormy Daniels (real name Stephanie Clifford) in October 2016, shortly before the presidential election.[43] Daniels had claimed a sexual encounter with Trump in 2006, which Trump has denied; the payment aimed to prevent public disclosure of her allegations during the campaign.[43] In early 2017, after Trump's inauguration, he reimbursed Cohen $420,000 via 11 checks—nine signed by Trump from the White House—mischaracterized in Trump Organization records as payments for legal services under a nonexistent retainer agreement.[44] Prosecutors from the Manhattan District Attorney's Office contended these entries constituted falsification of business records to disguise the reimbursement's true purpose: concealing an effort to influence the 2016 election by suppressing negative information, elevating the misdemeanor offenses to felonies under New York Penal Law § 175.10 due to intent to commit or conceal another crime, namely a violation of New York Election Law § 17-152 prohibiting conspiracies to promote a candidate's election by unlawful means.[45] [44] A grand jury empaneled by Manhattan DA Alvin Bragg indicted Trump on March 30, 2023, on 34 felony counts: 11 for invoices submitted by Cohen falsely claiming legal fees, 11 for Trump Organization ledger entries recording those as expenses, and 12 for checks approving the payments.[44] [46] Trump surrendered for processing on April 4, 2023, marking the first criminal indictment of a former U.S. president, and entered a plea of not guilty before Acting Supreme Court Justice Juan Merchan in Manhattan Criminal Court.[47] Merchan, randomly assigned to the case, denied early defense motions to dismiss based on the statute of limitations and to change venue from Manhattan, citing sufficient evidence of intent and the case's ties to New York business operations.[48] Pre-trial proceedings involved extensive discovery disputes, gag order enforcement—resulting in 10 contempt findings against Trump for violations—and delays from motions to sever counts, challenge evidence admissibility, and address presidential immunity claims post-Trump v. United States Supreme Court ruling, pushing the trial from an initial March 25, 2024, start to April 15, 2024.[47] [48] Jury selection commenced on April 15, 2024, in a process Merchan described as unusually challenging due to extensive pretrial publicity; after screening over 500 potential jurors via questionnaires, 12 jurors and six alternates—predominantly white-collar professionals from diverse Manhattan neighborhoods—were seated by April 19.[44] Opening statements followed on April 22, with prosecutors framing the case as a scheme to corrupt the 2016 election through falsified records tied to Cohen's payment and a parallel arrangement involving National Enquirer publisher David Pecker's "catch-and-release" of other Trump-related stories.[44] The prosecution's case, spanning April 23 to May 21, featured 22 witnesses, including Daniels (testifying May 7–9 on the alleged encounter and payment), Cohen (May 13–20, detailing reimbursements and recordings of Trump discussions), Pecker, and Trump Organization executives Hope Hicks and Madeleine Westerhout; evidence included checks, ledgers, audio recordings, and phone logs.[44] The defense rested on May 21 after calling two witnesses—a paralegal on phone records and a forensics expert questioning a call's timing—opting not to have Trump testify, then delivered closing arguments on May 28 alongside the prosecution.[44] Deliberations began May 29 after jury instructions, with a partial deadlock note on one count resolved the following day.[44]Key Rulings and Trial Management
Merchan imposed a gag order on March 26, 2024, prohibiting Trump from making or directing statements about witnesses' potential testimony, jurors, court staff, or their families, to protect the integrity of the proceedings.[49] The order was expanded on April 2, 2024, after Trump commented on Merchan's daughter, Loren Merchan, a political consultant.[50] During the trial, Merchan found Trump in contempt 10 times for violations, including social media posts targeting witnesses like Michael Cohen and Stormy Daniels, resulting in a $10,000 fine on April 30, 2024, and warnings of potential jail time.[51] [52] Post-verdict, Merchan partially lifted the order on June 25, 2024, allowing comments on witnesses and jurors but maintaining restrictions on court staff until the case concluded.[53] In pre-trial rulings, Merchan denied Trump's motions to dismiss the case and set the trial to begin on April 15, 2024, after delays from an initial March 25 date, rejecting arguments based on presidential immunity under the Supreme Court's Trump v. United States decision.[54] He ruled that the charged conduct involved unofficial acts predating Trump's presidency, thus outside immunity protections.[55] On evidence admissibility, Merchan permitted testimony from Stormy Daniels detailing her alleged encounter with Trump, overruling defense objections on relevance and prejudice under New York's Molineux doctrine, which limits propensity evidence but allows it for intent or motive.[56] He also admitted the 2016 Access Hollywood tape and related testimony as probative of intent to conceal the Daniels payment, despite defense claims of undue prejudice.[48] Merchan denied multiple defense motions for mistrial, including two following Daniels' May 2024 testimony, citing the defense's failure to object contemporaneously and deeming a curative instruction sufficient to mitigate any prejudice.[57] [58] On May 9, 2024, he rebuked Trump's lawyers for strategic non-objections, stating they could not later claim incurable harm.[59] He managed over 20 witnesses, including Cohen and David Pecker, ensuring testimony adhered to relevance while sustaining objections to extraneous details.[60] For jury instructions delivered on May 29, 2024, Merchan required unanimity on each count of falsifying business records but not on the specific unlawful means elevating misdemeanors to felonies, instructing jurors they needed only to agree unanimously that at least one such means existed, such as violations of campaign finance laws or tax statutes.[61] [62] He emphasized jurors must not decide based on bias, sympathy, or stereotypes, and clarified that paying hush money alone is not criminal.[63] Post-deliberation notes from jurors led to re-reading of specific instructions, but Merchan rejected claims of coercion or error.[64] Following the May 30, 2024, guilty verdict on all 34 counts, Merchan upheld the conviction on January 3, 2025, rejecting dismissal based on immunity, as trial evidence pertained solely to unofficial acts.[65] On December 16, 2024, he denied Trump's motion to overturn the verdict via immunity, affirming the evidence's non-official nature.[66] Sentencing proceeded on January 10, 2025, with an unconditional discharge—no jail, fines, or probation—citing Trump's election as president-elect and lack of need for further penalty, though appeals continue.[67] Merchan managed appeals by postponing some rulings, such as on November 12, 2024, to allow prosecutorial reassessment post-election.[68]Verdict, Sentencing, and Appeals
On May 30, 2024, a Manhattan jury found Donald Trump guilty on all 34 felony counts of falsifying business records in the first degree, related to payments made to adult film actress Stormy Daniels to influence the 2016 presidential election.[69] The charges stemmed from reimbursements to Trump's former attorney Michael Cohen, recorded as legal expenses but prosecutors argued were intended to conceal an underlying election law violation.[70] Judge Merchan presided over the trial, denying multiple defense motions for mistrial and upholding the jury's unanimous verdict despite Trump's claims of bias and evidentiary errors. Sentencing was initially scheduled for July 11, 2024, but adjourned to September 18, 2024, following Trump's request citing presidential immunity arguments from a pending Supreme Court case. Further delays occurred, with Merchan postponing to November 26, 2024, then indefinitely on November 22, 2024, amid Trump's reelection victory.[71] On January 3, 2025, Merchan denied Trump's motion to dismiss the conviction based on presidential immunity and set sentencing for January 10, 2025, ruling out incarceration due to Trump's status as president-elect and the need to avoid interference with executive functions.[72] During the January 10 hearing, Merchan imposed an unconditional discharge, meaning no jail time, probation, or further penalties beyond the conviction itself, stating it was the only viable option given constitutional considerations and the case's circumstances ten days before Trump's inauguration.[70][73] Trump maintained the case was politically motivated, but Merchan affirmed the verdict's validity while acknowledging the unique constraints.[74] Trump filed a notice of appeal on January 29, 2025, challenging the conviction on grounds including judicial bias, improper elevation of misdemeanor charges to felonies, and violations of due process.[75] The appeal initially proceeded in New York state courts, but Trump's team sought to transfer it to federal jurisdiction under the Supremacy Clause, arguing the state prosecution interfered with federal executive authority.[76] On June 11, 2025, the Second Circuit Court of Appeals heard arguments, with judges expressing potential sympathy for federal removal, though no ruling has been issued as of October 2025.[77][78] Prior state-level motions, including requests to vacate the verdict, were rejected by Merchan and intermediate appellate judges.[79] The appeal remains pending, with Trump unable to self-pardon as the case is state-level, potentially extending beyond his presidency.[80]Political Affiliations
Personal Political Donations
Federal Election Commission records show that in July 2020, Juan Merchan, identified as a judge with the New York State Office of Court Administration, made three small contributions totaling $35 to Democratic-aligned recipients, processed through the ActBlue fundraising platform.[81][8] These included $15 to Joe Biden for President on July 26, 2020; $10 to the Progressive Turnout Project, a group focused on increasing Democratic voter turnout, on July 27, 2020; and $10 to Stop Republicans PAC, an affiliate of the Progressive Turnout Project aimed at opposing Republican candidates, on the same date.[11][81] No federal contributions from Merchan to Republican candidates or organizations were identified in FEC databases spanning multiple decades.[11] Earlier state-level records indicate a $99 donation in 2002 to Rolando Acosta, a candidate for New York Supreme Court who later served on the state's Appellate Division.[8]| Date | Amount | Recipient |
|---|---|---|
| July 26, 2020 | $15 | Joe Biden for President |
| July 27, 2020 | $10 | Progressive Turnout Project |
| July 27, 2020 | $10 | Stop Republicans PAC |
Family Political Connections
Loren Merchan, daughter of Judge Juan Merchan, is the president and chief operating officer of Authentic Campaigns, a progressive digital marketing agency that provides fundraising, advertising, and consulting services primarily to Democratic candidates and organizations.[82] The firm has represented high-profile clients including the Biden for President campaign, the Harris for President campaign, Senate Majority PAC, and campaigns of Representatives Adam Schiff and Hakeem Jeffries.[83] Authentic Campaigns received approximately $4 million from Schiff's 2019-2020 congressional campaign and over $12 million from his 2024 Senate campaign, with the firm reporting total payments exceeding $12.7 million from Democratic entities in the first half of 2024 alone.[84] The firm's business activity notably increased during the period surrounding Judge Merchan's oversight of the Trump hush money trial, during which Authentic Campaigns facilitated substantial fundraising for Democratic causes, including over $100 million raised in the 2023-2024 election cycle according to congressional oversight inquiries.[85] Prior to leading Authentic Campaigns, Loren Merchan worked on Democratic political operations, including roles with the Democratic Congressional Campaign Committee.[84] Lara Merchan, Judge Merchan's wife, served as a special assistant in the New York State Attorney General's office from November 2000 to March 2022, a tenure that included approximately three years under Democratic Attorney General Letitia James beginning in 2019.[86] She subsequently transitioned to an administrative role in the Nassau County District Attorney's office under Republican District Attorney Anne T. Donnelly.[84] No public records indicate direct political donations or campaign involvement by Lara Merchan.[84]Controversies Surrounding Impartiality
Allegations of Bias in Trump Cases
Allegations of bias against Judge Juan Merchan in cases involving Donald Trump and his associates, particularly the 2024 hush money trial and the 2022 Trump Organization tax fraud trial, have centered on his personal political contributions, family ties to Democratic operatives, and rulings perceived as favoring the prosecution. Trump's legal team and Republican lawmakers, including House Judiciary Committee Chairman Jim Jordan, argued that these factors created an appearance of partiality that warranted recusal, citing New York judicial ethics rules requiring judges to avoid even the perception of bias in politically charged matters.[87][88] Merchan denied three recusal motions, asserting that his decisions were based solely on law and evidence, with no actual prejudice influencing his conduct.[89][90] Merchan's political donations, totaling $35 in 2020—including $15 to Joe Biden's presidential campaign and $10 each to Progressive Turnout Project and Stop Republicans—drew scrutiny as evidence of Democratic leanings disqualifying him from impartiality in Trump-related cases.[11][8] The New York State Commission on Judicial Conduct dismissed a related ethics complaint in May 2024 but issued a cautionary letter reminding judges that even small contributions could undermine public confidence, especially amid Trump's repeated challenges.[7][9] Critics, including CNN legal analyst Elie Honig, contended these donations provided grounds for appeal, arguing they signaled predisposition in a case with overt political dimensions.[91] Further allegations involved Merchan's daughter, Loren Merchan, president of Authentic Campaigns, a digital firm that raised over $100 million for Democratic candidates in the 2023-2024 cycle, including work for Kamala Harris's presidential campaign producing ads attacking Trump.[85][92] During the hush money trial, the firm disseminated fundraising materials referencing Trump's convictions, prompting claims of financial incentive for Merchan to rule against him, as trial outcomes could boost Democratic fundraising.[87] Jordan subpoenaed the firm in August 2024 to investigate potential coordination or influence, highlighting how Loren Merchan's professional gains—reportedly exceeding $36 million in fees—coincided with her father's rulings.[88][93] Merchan rejected recusal on this basis, deeming the claims unsubstantiated and unrelated to his judicial role.[94] In the hush money proceedings, detractors highlighted rulings such as the March 26, 2024, gag order barring Trump from commenting on witnesses, jurors, or court staff, which led to 10 contempt findings and $10,000 in fines by April 2024, as overly restrictive and selectively enforced compared to prosecutorial statements.[51][53] Merchan denied motions to dismiss the indictment, change venue, or declare a mistrial over prejudicial testimony, including from Stormy Daniels, and admitted evidence like the Access Hollywood tape despite defense objections on relevance and prejudice. Post-verdict, in December 2024, he upheld the conviction despite Trump's arguments invoking the Supreme Court's July 2024 immunity ruling, prompting accusations of disregarding federal precedent to sustain politically motivated charges.[96] Similar patterns emerged in the Trump Organization case, where Merchan imposed sentences exceeding federal guidelines, fueling claims of disparate treatment absent comparable rigor against non-Trump defendants.[4] Defenders maintained these decisions aligned with evidentiary standards and New York law, with no proven nexus to personal biases.[97]Recusal Requests and Ethical Reviews
In the Manhattan criminal trial concerning hush money payments, Donald Trump's legal team filed three motions seeking Judge Juan Merchan's recusal, primarily citing potential conflicts arising from his daughter Loren Merchan's role as president of Authentic Campaigns, a political consulting firm specializing in Democratic fundraising.[98][99] The first motion, submitted in August 2023, highlighted an advisory opinion from the New York State Advisory Committee on Judicial Ethics stating that a judge's relative operating a fundraising firm could create an appearance of impropriety if the firm benefited from case-related publicity; Merchan rejected this, affirming no direct influence on his rulings.[100] A second motion in April 2024 reiterated concerns over the firm's post-indictment revenue surge, including millions raised for Democratic clients amid trial coverage, but Merchan denied it prior to jury selection, deeming the claims unsubstantiated.[97][101] The third motion, filed on August 1, 2024, alleged deeper ties after Authentic Campaigns consulted for Kamala Harris's presidential campaign, with federal filings showing the firm received over $12.7 million from Democratic entities between January and July 2024; Trump's attorneys argued this evidenced financial incentives biasing Merchan against him.[99][101] Manhattan District Attorney Alvin Bragg's office countered that the request was "vexatious and frivolous," rehashing prior arguments without new evidence of judicial misconduct.[102] On August 14, 2024, Merchan denied the motion, criticizing it as filled with "inaccuracies and unsubstantiated claims" and stating that neither his daughter's professional activities nor remote familial connections warranted disqualification under New York judicial rules.[89][90] Separate ethical scrutiny arose from Merchan's modest 2020 political donations—$35 to Joe Biden's campaign and $15 to a group opposing Trump's reelection—which violated New York judicial rules prohibiting partisan contributions by elected judges.[7][9] The New York State Commission on Judicial Conduct investigated a related complaint and, on May 17, 2024, dismissed formal charges but issued a cautionary advisory, noting the donations created an appearance of bias without finding intent to influence the trial.[9][7] Additional complaints followed, including one from Representative Elise Stefanik on May 21, 2024, alleging violations of judicial conduct rules due to familial political entanglements, and another on September 6, 2024, citing Harris campaign payments to Authentic Campaigns as evidence of ongoing conflict.[103] In September 2024, America First Legal filed a lawsuit against Merchan and the state ethics commission, accusing him of unlawfully withholding financial disclosure forms that could reveal further conflicts.[104] House Judiciary Committee Chairman Jim Jordan subpoenaed Authentic Campaigns in August 2024 for records on potential bias influencing the trial.[88] No further disciplinary actions have resulted from these filings as of October 2025.[9]Broader Criticisms and Defenses
Critics, including Republican lawmakers and conservative legal organizations, have questioned Merchan's impartiality in high-profile cases involving Donald Trump, citing his modest political donations as indicative of partisan leanings. In October 2020, Merchan contributed $15 to Joe Biden's presidential campaign, $10 to the progressive group "Stop Republicans," $5 to a Biden-supporting PAC, and $5 to Democratic Assemblymember Aravella Simotas.[8][7] These disclosures, revealed during the hush money trial, prompted Trump's defense team to argue for recusal, asserting that such affiliations compromised neutrality in a politically charged prosecution.[105][106] Merchan's family ties have amplified these concerns, particularly his daughter Loren Merchan's role as president of Authentic Campaigns, a Democratic digital fundraising firm that has serviced clients including Biden's 2020 campaign and Kamala Harris's political action committee.[84] During the Trump trial from April to May 2024, the firm reportedly facilitated over $93 million in Democratic fundraising, which critics attributed in part to heightened visibility from the case, though direct causation remains unproven.[10] House Judiciary Committee Chairman Jim Jordan launched an inquiry in August 2024, demanding records from Loren Merchan to probe whether the trial generated business advantages, potentially creating an appearance of conflict under judicial ethics rules.[10][105] Broader critiques extend to Merchan's judicial decisions, with a July 2024 House Judiciary Committee report accusing him of collaborating with Manhattan DA Alvin Bragg to revive a novel legal theory, issuing overbroad gag orders restricting Trump's speech, and providing jury instructions that allegedly diluted the prosecution's burden by allowing conviction on any one of multiple crimes without unanimity.[87][107] Organizations like America First Legal have argued these actions evidenced systemic bias in New York courts against Trump, undermining due process.[105] Defenses of Merchan emphasize his extensive judicial experience and adherence to ethical standards. Appointed to the New York Supreme Court in 2006 after serving as a Manhattan prosecutor, Merchan has presided over thousands of cases, including the 2022 Trump Organization tax fraud trial, without substantiated bias claims prior to the hush money proceedings.[108] The New York Advisory Committee on Judicial Ethics opined in June 2023 that Merchan's impartiality "cannot reasonably be questioned," rejecting recusal based on his prior statements or family associations as insufficient under state rules.[109] Merchan repeatedly denied recusal motions, including in August 2023 and April 2024, dismissing allegations as recycled and factually flawed, while affirming his commitment to fairness.[110][94] In May 2024, the New York State Commission on Judicial Conduct reviewed his donations and issued a private caution, labeling them a "self-inflicted mistake" that created an appearance issue but found no enforceable violation meriting discipline or removal.[7][106] Legal observers, including a former New York City judge supervisor, have lauded his trial conduct as even-handed, citing measured responses to disruptions and balanced evidentiary rulings.[111] Fact-checking analyses have countered hyperbolic narratives, clarifying that while Loren Merchan's firm profited from Democratic work, claims of direct payments from figures like Adam Schiff or spousal ties to NY AG Letitia James lack evidence and stem from misinformation.[84] Supporters argue the scrutiny reflects political pressure rather than genuine ethical lapses, noting similar small donations are commonplace among judges and do not inherently impair judgment in non-partisan criminal matters.[109][8]References
- http://judiciary.[house](/page/House).gov/media/press-releases/new-report-how-manhattan-da-alvin-bragg-and-judge-merchan-violated
