前总统唐纳德·特朗普曼哈顿地区检察官办公室周二在回应特朗普律师提交的法庭文件时表示，“有大量毫无根据地指责全国各地州法官和联邦法官偏见的历史”，纽约负责监督他刑事诉讼的法官没有理由回避此案。
特朗普本月早些时候提出动议寻求纽约州最高法院法官胡安·马尔康的回避，他正在主持特朗普被控34项重罪的案件伪造商业记录与2016年大选前支付给成人电影女演员斯托米·丹尼尔斯的封口费有关。特朗普对所有指控都不认罪。
特朗普认为法官有偏见，因为他的女儿为一家与民主党结盟的公司工作。
曼哈顿地区检察官办公室认为回避是不必要的。
“回避将有利于被告选择自己的法官，并将鼓励其他诉讼当事人采取同样的做法，”检察官在周二的法庭文件中说。"回避的动议应该被驳回。"
2023年6月13日，前总统唐纳德·特朗普在新泽西州贝德明斯特的特朗普国家高尔夫俱乐部发表演讲。
安德鲁·哈尔尼克/美联社
辩方辩称，法官的女儿将在案件的结果和她父亲做出的裁决中有经济利益，但检察官表示，这不足以证明他的辞职。
“只有在达成特定结论时存在直接、个人、实质性或金钱利益的情况下，才需要回避，”检察官表示。“必须有这种直接利益的具体证据;对潜在偏见的推测性主张不足以成为回避的理由。”
特朗普还辩称，法官“推动”前特朗普组织首席财务官艾伦·魏斯勒伯格(Allen Weisselberg)向服罪在他去年夏天的刑事案件中。检察官表示，是Weisselberg发起了认罪谈判，Merchan法官的任何参与对一个完全不同的案件没有影响。
检察官说，“法院参与涉及韦斯伯格的认罪讨论是完全正当的，没有对任何一方表现出偏袒或敌意。”
特朗普还试图通过同时努力将他的起诉从mercom转移开移动箱子去联邦法院。下周将举行听证会。
DA pushes back against Trump's effort to get judge to step down from criminal case
Former PresidentDonald Trump"has a prolific history of baselessly accusing state and federal judges around the country of bias" and there's no reason the judge overseeing his criminal prosecution in New York should recuse himself from the case, the Manhattan district attorney's office said Tuesday in response to a court filing by Trump's attorneys.
Trump earlier this monthfiled a motionseeking the recusal of New York State Supreme Court Justice Juan Merchan, who is presiding over the case in which Trump is charged with 34 felony counts offalsifying business recordsin connection to a hush payment to adult film actress Stormy Daniels just before the 2016 election. Trump has pleaded not guilty to all charges.
Trump is arguing that the judge is biased because his daughter works for a company aligned with Democrats.
The Manhattan district attorney's office portrays the recusal as unnecessary.
"Recusal would facilitate an apparent effort by defendant to select his own judge and would encourage other litigants to adopt the same approach," prosecutors said in their court filing Tuesday. "The motion to recuse should be denied."
The defense has argued that the judge's daughter would have a financial stake in the outcome of the case and the rulings her father makes -- but prosecutors said that's insufficient to warrant his stepping aside.
"Recusal is required only where there exists a direct, personal, substantial or pecuniary interest in reaching a particular conclusion," prosecutors said. "There must be concrete proof of such a direct interest; speculative claims of potential bias are insufficient to warrant recusal."
Trump also argued that the judge "pushed" former Trump Organization chief financial officer Allen Weisselberg toplead guiltyin his criminal case last summer. Prosecutors said it was Weisselberg who initiated plea talks, and any involvement by Judge Merchan has no bearing on a wholly different case.
"The Court's participation in plea discussions involving Mr. Weisselberg was completely proper and displayed no favoritism or antagonism toward any party," prosecutors said.
Trump is also trying to steer his prosecution away from Merchan by simultaneously working tomove the caseto federal court. A hearing on that is scheduled for next week.
