Ohio Senator J.D. Vance is pushing for an investigation into Judge Juan Merchan’s conduct, accusing him of infringing upon former President Donald Trump’s constitutional rights amid an ongoing criminal trial.
In a letter directed to Attorney General Merrick Garland, shared on his social media account on May 29, Vance raises concerns about potential breaches of 18 U.S.C. §§ 241–42, pertaining to the criminal deprivation of rights under the color of law.
Vance’s correspondence outlines a series of grievances against Judge Merchan, whom he accuses of presiding over a biased court against Trump.
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He alleges that Merchan has imposed unlawful restrictions on Trump’s First Amendment rights, notably referencing a contentious gag order that Vance argues constitutes a form of prior restraint on free speech.
Vance argues that even temporary gag orders in cases of significant public interest can inflict irreparable damage to First Amendment interests, drawing upon Justice Brennan’s perspectives on the matter.
The letter further alleges that Merchan displayed bias during jury selection, allowing potentially prejudiced jurors to remain on the panel despite clear evidence of bias against Trump.
Vance also criticizes Merchan for allegedly permitting the prosecution to introduce irrelevant and prejudicial evidence while excluding potentially exculpatory material, which he claims violates Trump’s right to a fair trial.
Vance points out that the Department of Justice’s own guidelines under 18 U.S.C. § 242 could potentially apply to Merchan’s conduct, suggesting that his actions may constitute “willfully depriving a person of a right or privilege protected by the Constitution or laws of the United States,” warranting thorough investigation and possible prosecution.
In a parallel development, Congresswoman Elise Stefanik has filed an official misconduct complaint with the New York State Unified Court System.
Stefanik questions the impartiality of Merchan, a known Biden donor, overseeing multiple criminal cases against Trump and his associates, raising concerns about the “random” assignment of judges.
Stefanik further alleges that Merchan’s daughter fundraised millions based on her father’s judicial role in the Trump cases, exacerbating claims of bias and misconduct.
These recent actions mark a significant escalation in the ongoing legal and political disputes surrounding Trump, as his supporters continue to contest the validity of the charges and the fairness of the judicial process.
Vance and Stefanik’s requests for official investigations underscore the deep divisions and high stakes entwined in this unprecedented legal saga.
As the Department of Justice and the New York State Unified Court System scrutinize these complaints, the outcome could have profound implications for the integrity of the judicial process and the principles of constitutional rights and fair trials in politically sensitive cases.
