Alina Habba, the attorney representing former President Donald Trump, is under scrutiny for potentially violating a gag order in a New York trial, according to a report by Newsweek on Wednesday, January 17, 2024.
The civil defamation case, initiated by columnist E. Jean Carroll, began jury selection this week. Reports suggest that U.S. District Judge Lewis Kaplan rebuked Habba for stating, “President Trump defended himself,” prompting Kaplan to caution her against further comments.
Judge Kaplan had previously issued an order restricting Trump from discussing specific topics, including Carroll’s choice of counsel, DNA, litigation funding, and her romantic relationships.
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The trial aims to assess the impact of Trump’s previous statements on Carroll and determine potential damages. Last year, a jury found Trump guilty of sexual assault and defamation against Carroll, a decision he is seeking to appeal.
Despite Kaplan’s restrictions, concerns have been raised about a potential breach of the judge’s order due to Habba’s recent courtroom statement.
Tori Otten, a writer for The New Republic, suggested that Habba might have jeopardized Trump’s defense. Ben Meiselas, co-founder of the liberal news network MeidasTouch, anticipated a violation, stating, “I predicted Alina Habba would violate the court order in 20 seconds during her opening; it took her about 8 seconds.”
Former Department of Justice litigator Gene Rossi acknowledged the possibility that Habba’s comment could test the judge’s patience but suggested that the trial might proceed without significant consequences. He remarked, “Trump’s lawyer may have possibly put her toe in the water, if not her foot in her mouth, with a comment that tested the trial judge’s patience.”
Trump’s continued remarks about Carroll on his Truth Social media platform, outside the courtroom, have drawn attention. Despite Habba’s potential violation, Carroll’s lawyer, Roberta Kaplan, has not commented on the matter.
In addition to the courtroom dispute, Habba and Judge Kaplan disagreed on whether to postpone the trial to allow Trump to attend his mother-in-law’s funeral on January 18.
Kaplan denied a week-long adjournment, emphasizing that Trump’s presence in court was optional.
Habba has become a prominent figure in Trump’s legal defense, handling various cases, including the civil fraud case involving The Trump Organization.
In this case, Trump and his conglomerate were found liable for fraud after providing misleading information to lenders about the value of certain assets.
New York Attorney General Letitia James pursued the case, resulting in a summary judgment against Trump.
Habba also represented Trump in a case filed by former Trump Organization lawyer Michael Cohen, which was ultimately dismissed by a judge.
Legal experts are closely monitoring the proceedings to assess the potential impact of Habba’s courtroom statements on Trump’s defense and the overall outcome of the case.
