The judge overseeing former President Donald Trump’s New York criminal case, New York Supreme Court Justice Juan Merchan, is a Biden donor, Trump lawyer Jesse Binnall said during an appearance on Breitbart News Daily.

Discussing the case involving Democrat Manhattan District Attorney Alvin Bragg, who charged Trump with 34 felonies, accusing him of falsifying business records in relation to a “hush money” payment made to Stormy Daniels, Binnall reminded listeners that the entire case “is based on the word of Michael Cohen,” an “admitted perjurer.”

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“That’s the kind of the best they have. That’s what they’re building their case around is someone who … has lied to courts and factually, this case is just absolutely baseless,” he said, reminding listeners that Judge Merchan is a Biden donor.

“Let’s remember that Judge Merchan is a Biden donor. Let’s remember that his family has a vested financial interest in this case, or … the fact that the case is ongoing. They’re going to try to drag this case out I think as long as possible in order to affect the presidential election,” Binnall said.

Michael Cohen leaves for a break during the civil business fraud trial of former President Donald Trump at New York Supreme Court, on October 24, 2023, in New York. (AP Photo/Stefan Jeremiah)

Indeed, Judge Merchan made three donations to Democrats in 2020, opening the door for an ethics investigation.

When asked how a judge can be a donor and how that can even be allowed, Binnall said it is not.

“There are very specific instances when judges are supposed to take themselves off cases,” he explained, noting that this is “most important” when there was either bias by the judge or the appearance of bias against a criminal defendant.

Judge Juan Merchan poses for a picture in his chambers in New York, on March 14, 2024. (AP Photo/Seth Wenig)

“And that person is entitled to a blank slate before the trial starts. And judge who can’t do that, the judge who comes into it with a preconceived notion about a defendant should recuse himself from the case,” he said, noting that this is a “remarkable” instance “where a judge donated to the candidate’s political opponent.”


Breitbart · Jesse Binnall – April 16, 2024

“I’ve never known a judge before who’s made a political donation while he’s been on the bench. It is highly unusual for judges even to make political donations. But the fact that he did make a political donation, showing where his political allegiances lie, and then staying on a case that is having a huge impact on a presidential election is extremely improper,” he said.

“Not just because it shows that he’s biased, it shows his appearance of partiality, and we in this country have lived for about 250 years under the rule of law. These decisions are made based on law, not men, not based on individual people’s political beliefs as far as in our legal system, and that’s something that is going to be thrown completely into doubt now, because you have a judge who has decided that he wants to be on this case so badly … that he refused to recuse himself,” he continued, noting that it is good for the judge that the case is “ongoing” due to his daughter, as “the company that she worked for has raised millions and millions of dollars on” it.

“And so it’s something that his family member as a direct … moneyed interest in, and again, something that is, at the very least shows the appearance of impropriety here,” Binnall added.

“He’s putting our entire judicial system really into jeopardy by his failure to simply obey the canons of judicial conduct,” Binnall concluded.

 Breitbart News Daily airs on SiriusXM Patriot 125 from 6:00 a.m. to 9:00 a.m. Eastern.