A significant error in the court filing made by Alina Habba, the legal representative for former President Donald Trump in his defamation case against E. Jean Carroll. The lapse was underscored by a Georgia attorney on social media.
In her filing, Habba accused Judge Lewis Kaplan, overseeing the second trial, of a conflict of interest with Carroll’s attorney, Roberta Kaplan (no relation), citing their past collaboration in the 1990s. Alleging a breach of the Code of Conduct for United States Judges, she contended that this violated the mandate for a judge to recuse themselves if their impartiality could reasonably be questioned.
However, Habba overlooked a crucial detail in the code — disqualification only applies if the judge or lawyer served in the matter in controversy or was a material witness. Andrew Fleischman, a Georgia attorney, highlighted on X (formerly Twitter) that Judge Kaplan and Roberta Kaplan did not collaborate when the case commenced.
Fleischman critiqued Habba’s oversight, stating, “Alina Habba is such a bad lawyer she forgot not to italicize and bold the part of the law that wrecks her argument.” Legal experts joined in, deeming her claim baseless and frivolous, with constitutional law professor Michael Dorf stating it was a “self-defeating argument” hinting at a lack of valid grounds for appeal.
Habba’s filing followed a New York jury finding Trump liable for defaming Carroll, who accused him of assault in a department store dressing room in the mid-1990s. The jury awarded Carroll $83.3 million in damages, marking the second verdict against Trump. The first, from a 2023 civil court ruling, ordered Trump to pay $5 million for sexually assaulting Carroll.
Trump, denying both allegations, deemed the second verdict “absolutely ridiculous” and pledged to appeal, challenging the New York court’s jurisdiction. Known for her controversial legal style, Habba has defended Trump in various lawsuits, including election fraud claims and impeachment trials. Her unconventional statements and actions, such as sharing a meme comparing herself to Taylor Swift, have drawn criticism and ridicule.
