Former President Trump’s attorney Alina Habba is planning to file for a mistrial in the former president’s fraud cause in New York.
On Sunday, Habba told Fox News’s “Sunday Morning Futures” that she planned to file for a mistrial “soon,” while raising concerns that it will be the same trial judge deciding on the motion.
New York Attorney General Letitia James’ case accuses Trump, his two adult sons, the Trump Organization, and top executives of falsely inflating the values of Trump’s real estate properties and other assets in order to get tax benefits and better loan terms.
James seeks around $250 million in damages, and she wants to bar Trump and his co-defendants from running another business in New York.
When asked about Trump’s concerns over the judge and clerk, Habba said the gag order prevented her from responding.
“I can tell you that we will be filing papers to address all of those issues,” Habba said.
When asked if she will file for a mistrial, Habba said “soon,” and then “very soon.”
“The problem is, with all of these things, such as filing a motion for recusal, which we have done twice, is that the judge has to be the one that decides: Is he going to recuse himself? Does he feel that there was a mistrial,” Habba said.
“It’s a bench trial. We have one judge. And it’s the same judge that issued the gag order that has to make those determinations. So, at this point, I don’t have any reason to believe he shouldn’t after what we have learned, if it’s true,” Habba continued.