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Mistrial? Manhattan Judge Presiding Over Trump Case Facing Serious Accusations

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OPINION: This article may contain commentary which reflects the author's opinion.


The New York judge overseeing Manhattan District Attorney Alvin Bragg’s case against former President Donald Trump could himself face an ethics complaint and investigation for his own past actions.

Several legal experts and former prosecutors believe that Judge Juan Merchan may have violated New York’s Code of Judicial Conduct by making three donations to Democrats in 2020, adding that could be grounds for an ethics investigation and possibly a mistrial if he were to remain on the case, according to Breitbart News.

Per Section 100.5 of the New York Code of Judicial Conduct, sitting judges cannot “directly or indirectly engage in any political activity.” Among the prohibited political activity: “(h) 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 points this out clearly: “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 (Opinion 11-146; 22 NYCRR 100.5[A][1][h]).”

FEC records reveal that Merchan contributed $15.00 to Biden for President, Trump’s opponent, on July 26, 2020, through ActBlue.

On the following day, July 27, 2020, he made a $10.00 donation to the Progressive Turnout Project, an organization focused on encouraging Democrat voters to turn out.

Additionally, he donated $10.00 to Stop Republicans, which is part of the Progressive Turnout Project that aims to resist the Republican Party and Donald Trump’s “radical right-wing legacy,” also through ActBlue.

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Manhattan District Attorney Alvin Bragg intended to target former President Donald Trump from the earliest days of his campaign for his current office, according to more evidence provided in a since-deleted Facebook post.

The deleted page, which was discovered by Real Clear Investigations reporter Paul Sperry, dated April 25, 2021, says, “Please join me on Tuesday in a conversation with Dan Goldman as we discuss the Dereck Chauvin verdict, Donald Trump, and what’s at stake for the next #ManhattanDA. #JusticeCantWait. #JusticeForAll.”

Sperry noted his discovery on Twitter.

Goldman had previously served as impeachment counsel for Rep. Adam Schiff, a Democrat from California, during Donald Trump’s initial impeachment trial.

The post also included a link to ActBlue, a left-wing Democrat-aligned fundraising software.

Sperry, on Saturday, also noted via Twitter: “Hill investigators looking into connections between Dem Rep. ADAM SCHIFF & Dem DA Bragg + Dem Judge Merchan hearing Trump case; Merchan’s Dem consultant daughter recently called Schiff a ‘client’ and Schiff’s impeachment counsel Dan Goldman has worked closely w/ Bragg.”

Goldman has since been elected to Congress, as noted in an earlier tweet from Sperry: “House sources say Democratic Rep. Daniel Goldman of Manhattan — who prosecuted the first Trump impeachment & has been bragging to reporters about sabotaging GOP investigations of the Bidens — has privately consulted with Manhattan DA Alvin Bragg about indicting Trump.”

Trump was indicted in late March.

“A grand jury in New York on Thursday indicted former President Trump on charges related to an illegal hush money payment in 2016 to adult film star Stormy Daniels who alleged they had an affair, according to multiple outlets,” Axios reported at the time.

Famed Harvard Law School professor and attorney Alan Dershowitz has said he believes that Bragg could eventually be disbarred for his case against Trump.

He appeared on the Fox News show “Sunday Morning Futures” with host Maria Bartiromo ahead of the indictment, saying that having former Trump personal lawyer Michael Cohen as a witness could damage the district attorney, Mediaite reported.

“I don’t think an indictment can actually come forward now after the comments made by [Robert] Costello,” the attorney said.

He said that “he has proved that the main witness is going to be a perjuring liar on the witness stand, and that puts the district attorney in a terrible position.”

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Fox News’ Jesse Watters urged Republican legislators and the American public to “wake up” following the indictment.

The case pertains to Trump’s alleged participation in covert payments to adult film actress Stormy Daniels before the 2016 election regarding an affair circa 2006.

“I’m starting to feel it right now. I’m mad about it, I don’t like it. The country’s not going to stand for it. And people better be careful, and that’s all I’ll say about that,” Watters said following the news of Trump’s indictment.

“I don’t think the left understands what they’re getting themselves into,” Watters added. “This country is already teetering. You have people who feel rightfully persecuted just for being conservatives … this was a very controversial election, this was a very controversial president, there have been a lot of bogus charges that have been flying around recently.”

Fox News host and top conservative radio talker Mark Levin blasted Bragg as well.

“There has to be an underlying crime. Well, people are saying, ‘Well, what is it?’ I’m saying, well, what underlying crime did Donald Trump commit? He didn’t commit any underlying crime, and he wasn’t charged with any underlying crime. He wasn’t charged with federal election violations, even though that’s not the jurisdiction of the D.A. There’s nothing here,” Levin told fellow Fox News host Sean Hannity.

“But I want to get into something here. Donald Trump is a historic figure, or they would not be doing this. They would not be doing this,” Levin added. “There would not have been a January 6 committee. There would not have been a Mueller criminal investigation. There would not have been two phony impeachments.

“Listen to this America, there would not have been a warrant, which is inexcusable and an unconstitutional warrant in my view, an FBI swat team sent to his home. There has been in the course of the last few months five grand juries controlled by Democrats,” he noted further.

“Over what? You would have thought this man took money from the communist Chinese. You would have thought his son took money from the communist Chinese. You would have thought he is the criminal of this century,” Levin continued.

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