Former President Trump’s attorney, Alina Habba, said on Sunday she will be filing for a mistrial in the former president’s fraud case in New York “soon,” while raising concerns that it will be the same trial judge deciding on the motion.
Trump has repeatedly expressed concerns on both social media and in court about the judge presiding over the case, along with the judge’s principal clerk, claiming they are biassed and motivated by politics.
Last month, Judge Arthur Engoron imposed a gag order prohibiting Trump and the other parties involved in the case from discussing or publishing anything online about any of his staff members. Trump was penalised $10,000 by Engoron last month for breaking the gag order.
Asked on Fox News’s “Sunday Morning Futures” about Trump’s concerns over the judge and clerk, Habba said that 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 would file for a mistrial, Hanna 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.
On Monday, the Trump team will start presenting its case in New York, where Democratic Attorney General Letitia James (D) is suing the businessman for $250 million for allegedly committing fraud over a ten-year period.
The complaint says that the former president’s corporation falsely inflated and deflated the worth of its assets in order to obtain greater insurance coverage and lower taxes. It is directed against Trump, the Trump organisation, and his two adult sons. The allegations are refuted by Trump and his sons.