Ex-president USA, Donald Trumphaving vehemently declared last week that the judge who will indict him on Tuesday – and who will likely preside over his trial – “hates him.”

Trump bases the above statement, which he posted on Truth Social, on the fact that Judge Juan Mercan presided over two previous — and unrelated — tax fraud cases involving Trump’s real estate company and a former CFO, with adverse results for the defense. . In the case of former CFO Allen Weiselberg, Merchan, citing corporate greed, said he would hand down a “tougher sentence” than the five-month prison term ultimately given to the former executive.

Dichotomy of Mercan Experts

Given these facts, some New York lawyers argue that it would be bad credit for Merchan to also preside over the new Trump trial. The chairman of the court can intervene and lead the process on his own or replace Merkan with another judge, says a former court employee.

However, experts report that there is no legal basis for excluding Mercan.

“If there was evidence that the judge was irrational or angry, then there could be an argument, but just because he has dealt with previous cases is not a reason for him to be disqualified,” said Steven Lubert, one of the authors of The Judicial practice.” Behavior and Ethics”.

However, signs of bias, which judges always try to avoid, persist, according to two people with knowledge of the matter.

“He has the right temperament”

However, there is no doubt that Merkan is an experienced referee. He was first appointed to the New York County Superior Court in 2006 by former Mayor Michael Bloomberg before moving to the Criminal Court in 2009. Before becoming a judge, he served seven years as an Assistant Attorney General with the New York State Attorney General’s Office. and before that, Assistant District Attorney for Manhattan.

Several lawyers and other court officials who know Merchan say he has the “right temperament” for the job.

“He is very calm and balanced in the way he manages [τα πράγματα] in the courtroom,” says lawyer Stacey Richman, who handled several cases before Merchan.

Fears of bias

Another lawyer, however, agreed that Merchan’s handling of all Trump-related cases in the past left the impression that Merchan would be biased, even if he wasn’t.

Also, while the Trump defense team may ask Merchan to resign, it is unlikely that this will happen.

“It’s up to the judge,” said Steven Gillers, a New York University law school professor who specializes in judicial ethics.

However, Gillers stressed that Mercan has “the confidence of his colleagues and can handle the case.”

“He’s a very meticulous guy,” attorney Frank Rothman said. “He treats people with respect and doesn’t tolerate stupid things.”

^{According to Politico}

⇒ News today

Subscribe to kathimerini.gr on Google News and be the first to know all the news

See all the latest news from Greece and the world at kathimerini.gr