Does Justice Merchan Have Conflict of Interest?

In August, Manhattan Supreme Court Justice Juan M. Merchan, tasked with presiding over the criminal case against Donald Trump in Manhattan for 2016 “hush money payments” in violation of election laws, rejected Trump’s lawyers’ claims that the judge had disqualifying conflicts of interest and should recuse himself. The reasons for the recusal seemed a stretch at the time, easily the weakest being that, during the 2020 presidential campaign, Justice Merchan had donated the grand total of $15 to Joe Biden. Another was that the judge’s daughter, the president and chief operating officer of a digital marketing agency that has clients who are Democratic candidates, was obviously going to benefit financially Merchan’s decisions in the case.

Justice Merchan ruled, relying, he said, on the guidance of a state advisory committee on judicial ethics, that his impartiality could not “reasonably be questioned” based on “de minimus political contributions made more than two years ago” or his daughter’s business. The latter, he said, could not be substantially affected by the trial. Trump’s attorneys had “failed to demonstrate that there exists concrete, or even realistic reasons for recusal to be appropriate, much less required” because of his daughter’s activities.

Continue reading

Unethical Quote Of The Month: Lawyer Jerry Goldfeder

“You know, it’s not a slam-dunk. But I think that survives a motion to dismiss, and then let the jury decide.”

—-Jerry H. Goldfeder, a special counsel at Stroock & Stroock & Lavan LLP and an  expert in New York state election law, to the New York Times regarding Manhattan D.A. Alvin Bragg’s supposedly imminent indictment and prosecution of former President Donald Trump.

That is an flat-out unethical endorsement of prosecutorial abuse of power, for not only a lawyer, but a lawyer in a major Manhattan law firm, being quoted as authority in the New York Times, uncritically, of course.

An ethical prosecutor does not bring a case unless he or she is certain that the defendant is guilty beyond a reasonable doubt. The issue isn’t whether the prosecution will prevail, but whether the prosecutor has sufficient evidence to justify it prevailing with an objective and fair jury. Surviving a motion to dismiss is not an ethical standard; it’s the bottom-of-the-barrel standard. The judge agreeing that the case has no merit at all as a matter of law, is not the equivalent of holding that the case should not be brought by an ethical prosecutor. “Hey, who knows if the guy is guilty or if we have the evidence to convict? Let’s just get it in front of a jury and see what they think!”

Unspoken in this case: “After all, the point is to make Trump look bad, right? If we can get a conviction, it’s frosting on the cake.”

Continue reading