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Juan Merchan

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Juan Merchan
Justice of the New York Supreme Court
Acting
Assumed office
2009
Appointed byAnn Pfau
Personal details
Born
Juan Manuel Merchan

1962 or 1963 (age 61–62)
Bogotá, Colombia
EducationBaruch College (BBA)
Hofstra University (JD)

Juan Manuel Merchan[1] (/mərˈʃɑːn/ mur-SHAHN; born 1962/1963)[2] is a Colombian-born American judge and former prosecutor. He is an acting justice of the New York State Supreme Court in New York County (Manhattan). He presided over the 2024 criminal trial of former US president Donald Trump, in which Trump was convicted. Merchan is the first judge in history to preside over the criminal indictment and conviction of a US President, and the first judge to hold a President in criminal contempt of court.

Early life and education

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Merchan was born in Bogotá, Colombia.[3] He immigrated to New York City when he was six years old, growing up in Jackson Heights, Queens, as the youngest of six children. His father had been a military officer in Colombia.[4] Merchan studied business at Baruch College in Manhattan, graduating in 1990, and earned his Juris Doctor from Hofstra University School of Law on Long Island in 1994.[2] He was the first member of his family to go to college.[5]

Career as prosecutor

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In 1994, Merchan began his career as an assistant district attorney in the Manhattan district attorney's office.[6] He worked in the office's Trial Division and Investigations Division,[1] prosecuting financial frauds and other cases.[6] From 1999 to 2006, he worked for the New York State Attorney General's office, first as Deputy Attorney General in-Charge, Nassau County Region (1999–2001), then as Assistant Attorney General in-Charge of Affirmative Litigation for Nassau and Suffolk Counties (2003–2006), and then as Assistant Attorney General in-Charge Nassau County Region (2003–2006).[1]

Career as judge

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Merchan became a judge in 2006 when New York City mayor Michael Bloomberg appointed him to the New York City Family Court, Bronx County.[6] He remained in that role until 2009.[1] Chief Administrative Judge Ann Pfau appointed Merchan as Acting Justice in the Supreme Court of New York, New York County, Criminal, in 2009, and he has been in that position since that time.[1] Merchan presides over felony criminal trials.[1] Merchan also previously served concurrently as a judge of the New York Court of Claims, being appointed to that role by Governor David Paterson in 2009 and serving until 2018.[1]

First criminal trial of a former President

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Justice Merchan is the judge in The People of the State of New York v. Donald J. Trump, concerning former U.S. president Donald Trump, who was criminally indicted on 34 felony counts, making Merchan the first judge in history to preside in the criminal indictment of a US President.[7] The indictment of Trump was delivered by a grand jury on March 30, 2023.[8][9] It was unsealed the same day, with Trump pleading not guilty.[7] The jury trial began on April 15, 2024, and on April 30, Merchan held Trump in contempt of court, making him the first judge in history to hold a US President in criminal contempt of court.[10]

During the trial, former President Donald Trump called Merchan's daughter, who heads a digital marketing agency that works with Democratic Party candidates and non-profits,[11][12][13] "a rabid Trump hater, who has admitted to having conversations with her father about me."[12] Trump demanded a new judge, but prosecutors asserted that Trump’s allegation amounted to a "daisy chain of innuendos [that] is a far cry from evidence,"[13] and Merchan did not recuse himself from the case.[14]

Reactions to Merchan’s management of this Trump trial have been varied. For example, on May 21, 2024, Congresswoman Elise Stefanik of New York filed an ethics complaint against Merchan, alleging a conflict of interest.[15] The attorney and legal commentator Elie Honig wrote that, generally speaking, "Judge Merchan has done an exceptional job running this trial thus far",[16] and is a "thoroughly impressive jurist" but he should nevertheless recuse himself.[17] George Grasso, a retired New York City administrative judge who supervised other judges, wrote, "As a retiree, I was able to attend each day of the Trump trial. What I saw was a master class in what a judge should be — how one can serve fairly and impartially for the prosecution and the defense, and above all remain a pillar for the rule of law in America."[18] Merchan received dozens of death threats for his role as the judge presiding over Trump's arraignment and criminal trial.[19][20][21]

On May 30, the case ended in a conviction on all counts. Originally, Trump's sentencing was scheduled by Merchan to take place on July 11, 2024. To date the conviction has not been certified and will not be official unti it is.[22][23][24] This was delayed to September 18, 2024, following the Supreme Court's ruling in Trump v. United States that granted absolute immunity to former presidents for official acts while in office.[25]

Other notable cases

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In 2011, Merchan presided over the case of a New York Police Department sergeant, William Eiseman, who admitted to conducting illegal searches and then lying about his actions in court. Eiseman pleaded guilty to first-degree perjury and official misconduct, and Merchan sentenced him to 24 days in jail; Eiseman also forfeited his pension.[26][27]

In 2012, Merchan presided over the criminal proceedings against Anna Gristina, who was charged with operating an upscale prostitution ring on the Upper East Side.[28][29] Gristina and a co-defendant had been arrested in February 2012, after an investigation by the Manhattan DA's office.[29] Merchan set bail at a $2 million bond, or $1 million cash; because Gristina was unable to meet this amount, she was detained at Rikers Island jail for four months.[30] The Appellate Division lowered Gristina's bail to $250,000 bond or $125,000 cash, on condition that she give up her passport and be electronically monitored.[30] Gristina, nicknamed the "Soccer Mom Madam", pleaded guilty to one count of promoting prostitution, and Merchan sentenced her to six months in jail, which amounted to time already served due to the four months Gristina had spent at Rikers before being bailed.[31][32]

In late 2022, Merchan oversaw the five-week criminal trial of the Trump Organization; the organization was convicted of 17 counts of tax fraud.[33] Merchan presided over the criminal case of Donald Trump's former financial chief Allen Weisselberg, who pleaded guilty to his role in a 15-year-long tax-fraud scheme.[34][35] Weisselberg admitted to evading taxes by accepting $1.7 million in off-the-books compensation and entered a plea agreement, in which he testified against The Trump Organization and helped to secure the company's conviction.[36] Merchan sentenced Weisselberg to five months at Rikers Island and said he would have imposed a substantially longer sentence but for the plea agreement.[35]

Merchan is the judge assigned to preside over the criminal trial of Steve Bannon, a former Trump adviser who was indicted in September 2022 on charges of fraud and money laundering in connection with a fundraising scheme. The case was set for trial in May 2024,[37] but was postponed until September.[38]

Political views

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During the 2020 United States presidential election, Merchan donated $15 to Democratic Party candidate Joe Biden's campaign, $10 to the Progressive Turnout Project, and $10 to Stop Republicans, a subsidiary of the previous.[39]

See also

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References

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  1. ^ a b c d e f g "Judges Profiles: Juan Merchan". New York Law Journal. Retrieved March 31, 2023.
  2. ^ a b Gregorian, Dareh; Reiss, Adam (March 31, 2023). "Who's Judge Juan Merchan? Trump says he 'hates me' but lawyers say he's fair". NBC News. Retrieved April 1, 2023.
  3. ^ Sharp, Rachel; Dodds, Io (March 31, 2023). "Juan Merchan: Who is the judge likely to try Trump's criminal case?". The Independent. Retrieved March 31, 2023.
  4. ^ Rashbaum, William K.; Bromwich, Jonah E. (December 6, 2022). "Judge in Trump Company Trial Knew How to Read the Numbers". The New York Times. Retrieved April 1, 2023.
  5. ^ Kashiwagi, Sydney (April 1, 2023). "Meet the judge presiding over Trump's criminal arraignment". CNN. Retrieved April 1, 2023.
  6. ^ a b c Gold, Michael (April 4, 2023). "This will be Justice Juan M. Merchan's second time overseeing a Trump case". The New York Times. Retrieved March 15, 2024.
  7. ^ a b Bromwich, Jonah E.; Rashbaum, William K.; Protess, Ben; Haberman, Maggie (April 4, 2023). "From President to Defendant: Trump Pleads Not Guilty to 34 Felonies". The New York Times. Retrieved April 5, 2023.
  8. ^ Jacobs, Shayna; Dawsey, Josh; Barrett, Devlin; Alemany, Jacqueline (March 30, 2023). "Trump indicted by N.Y. grand jury, first ex-president charged with crime". The Washington Post. Retrieved March 31, 2024.
  9. ^ Marritz, Ilya; Bernstein, Andrea; Chappell, Bill; Romo, Vanessa (March 30, 2023). "Former President Donald Trump has been indicted by a Manhattan grand jury". NPR. Retrieved March 31, 2024.
  10. ^ Aftergut, Dennis; Baron, Frederick (April 30, 2024). "The Rule of Law Finally Comes for Donald Trump". Slate. Archived from the original on May 1, 2024. Retrieved May 1, 2024.
  11. ^ Lizza, Ryan, et al. "POLITICO Playbook: Democracy week in Washington", Politico (5 Jun 2022).
  12. ^ a b Bagchi, Aysha. "Donald Trump attacks NY judge's daughter, Manhattan DA Bragg requests court intervene", USA Today (1 April 2024).
  13. ^ a b Sisak, Michael. "Donald Trump is demanding a new judge just days before the start of his hush-money criminal trial", Associated Press via ABC News (April 5, 2024),
  14. ^ "Judge in Trump's hush money case refuses to recuse himself", NBC News (14 August 2023).
  15. ^ Casiano, Louis and Singman, Brooke. "Stefanik files ethics complaint against Trump trial judge, cites daughter's work for group promoting Dems", Fox News (May 21, 2024).
  16. ^ Honig, Elie. “The Slippery Question of Reasonable Doubt at the Trump Trial”, New York magazine (May 17, 2024).
  17. ^ Honig, Elie. "Note from Elie: Judge Merchan Is Admirable – But He Should Recuse", CAFE (April 14, 2023).
  18. ^ Grasso, George (June 2, 2024). "I Supervised New York City Judges. Juan Merchan Put On a Master Class in the Trump Trial". The New York Times. Archived from the original on June 5, 2024. Retrieved June 5, 2024.
  19. ^ Milton, Pat; Kates, Graham (April 7, 2023). "Judge in Trump criminal case targeted with threats". CBS News. Retrieved June 12, 2024.
  20. ^ Dienst, Jonathan; Shabad, Rebecca; Kamisar, Ben; Jarrett, Laura (April 5, 2023). "Trump judge and his family receive threats after New York arrest". NBC News. Retrieved June 12, 2024.
  21. ^ Eisler, Peter; Parker, Ned; Tanfani, Joseph (May 15, 2024). "'They should all be executed.' How Trump's attacks on judges are fueling online calls for violence". USA Today. Retrieved June 12, 2024.
  22. ^ Sisak, Michael R.; Peltz, Jennifer; Tucker, Eric; Price, Michelle L.; Colvin, Jill (May 31, 2024). "Donald Trump becomes first former U.S. President convicted of felony crimes". Associated Press. Retrieved May 31, 2024.
  23. ^ Berman, Mark; Jacobs, Shayna; Barrett, Devlin; Hawkins, Derek (May 30, 2024). "Donald Trump found guilty on all counts in New York hush money trial". The Washington Post. Retrieved May 31, 2024.
  24. ^ Herb, Jeremy (May 30, 2024). "Trump found guilty in hush money trial | CNN Politics". CNN. Retrieved May 30, 2024.
  25. ^ Wilson, Taylor (July 3, 2024). "Trump's hush money sentencing delayed after Supreme Court immunity ruling". USA Today. Retrieved July 6, 2024.
  26. ^ Eligon, John (June 27, 2011). "Police Sergeant to Get Jail Term for Perjury and Illegal Searches". The New York Times. Retrieved March 15, 2024.
  27. ^ Grace, Melissa (June 27, 2011). "NYPD Sgt. William Eiseman pleads guilty to lying under oath in plea deal". New York Daily News. Retrieved March 15, 2024.
  28. ^ Barnard, Anne; Moynihan, Colin (March 7, 2012). "Charged as Madam, and Defended as Entrepreneur and Pig Rescuer". The New York Times. Retrieved March 15, 2024.
  29. ^ a b Rosenberg, Noah (March 15, 2012). "New Lawyers for Woman Charged as High-End Madam". The New York Times. Retrieved March 15, 2024.
  30. ^ a b Buettner, Russ (June 13, 2012). "Woman Said to Be a Madam Wins a Big Cut in Her Bail". The New York Times. Retrieved March 15, 2024.
  31. ^ Buettner, Russ (September 26, 2012). "Suburban Mother Pleads Guilty to Running a Brothel on the Upper East Side". New York Times. Retrieved March 15, 2024.
  32. ^ Van Voris, Bob (July 2, 2021). "Trump Judge Has Had Some Dramatic Cases, Like 'Soccer Mom Madam'". Bloomberg News. Retrieved March 15, 2024.
  33. ^ Hurtado, Patricia; Van Voris, Bob (March 31, 2023). "Donald Trump is already attacking the judge handling his hush-money case and spelling his name incorrectly". Fortune. Bloomberg News. Retrieved March 31, 2023.
  34. ^ Protess, Ben; Rashbaum, William K.; Bromwich, Jonah E. (August 15, 2022). "Trump Executive Nears Plea Deal With Manhattan Prosecutors". The New York Times. Retrieved March 15, 2024.
  35. ^ a b Protess, Ben; Bromwich, Jonah E.; Rashbaum, William K. (January 10, 2023). "Trump's Longtime Finance Chief Sentenced to 5 Months in Jail". The New York Times. Retrieved March 15, 2023.
  36. ^ SIsak, Michael R. (August 18, 2022). "Trump executive pleads guilty in tax case, agrees to testify". AP News. Retrieved March 15, 2024.
  37. ^ Scannell, Kara (May 25, 2023). "Trial date set for Steve Bannon's fundraising fraud case". CNN. Retrieved March 2, 2024.
  38. ^ Palmer, Ewan (May 1, 2024). "Steve Bannon's Trial Postponed". Newsweek. Retrieved May 29, 2024.
  39. ^ Herb, Jeremy; Scannell, Kara; del Valle, Lauren (April 6, 2023). "$35 political contribution to Democrats raises fresh scrutiny of Judge Merchan | CNN Politics". CNN. Retrieved April 16, 2024.
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