Alina Habba Discusses Donald Trump Going to Jail

Alina Habba, one of Donald Trump's lawyers, claimed the prospect of the former president being sent to jail is "not even something that we think about" because he hasn't committed a criminal offense.

Habba, the general counsel of the pro-Trump Save America PAC, made the remarks in an interview on Monday with Newsmax host Carl Higbie, who asked whether "they even possibly throw him in jail," in reference to the 2024 Republican presidential frontrunner.

Trump is facing four criminal cases related to claims he orchestrated the payment of hush money to a pornographic actress, mishandled classified documents and broke the law attempting to overturn the 2020 presidential election outcome both across the United States and in the state of Georgia specifically.

The ex-president pled not guilty to all of the charges, which he insists are politically motivated. Trump is also embroiled in a number of non-criminal cases, including a $250 million civil fraud trial resulting from a lawsuit brought by New York Attorney General Letitia James, in which he also denies any wrongdoing.

Former president Donald Trump
Donald Trump speaks at a campaign event at the Orpheum Theater on October 29, 2023, in Sioux City, Iowa. Alina Habba insisted her client won't be sent to prison. Scott Olson/GETTY

During her Newsmax appearance, Habba insisted she isn't concerned about Trump being sent to jail, commenting: "So I always tell people when they're panicking, listen he's protected by secret service number one, number two he did nothing wrong so when people go to jail it's because they've done something wrong.

"Do we have crooked situations in and out of court? Absolutely. Could they try? Probably but it won't work because there is still a trial process, there is still facts and unfortunately they're not going to win on the facts.

"Secret service will always protect President Trump, that's the truth, they have to wherever he is, but it's not even something we think about to be honest because this is all political, there's no criminal acts that he's done, there's no civil wrongs that he's done unless making money for banks is a civil wrong all of a sudden. It's Trump derangement syndrome at its best. I'm not worried about him, he's not worried and the American public shouldn't be worried," she continued.

Newsweek has reached out to Trump for comment via the press inquiry form on his official website.

Judge Arthur Engoron, who is overseeing Trump's civil fraud trial in New York, has already fined the former president twice for breaching a gag order and making offensive remarks about a court staffer on his Truth Social website. As the case is civil, Trump won't be imprisoned as part of any judgement, but he could face jail if he continues to violate Engoron's gag order on attacking court staff.

Separately, Judge Tanya Chutkan, who is running Trump's 2020 election subversion case, has imposed a limited gag order on the former president, banning him from criticizing court staff, prosecutors and potential witnesses in the case ahead of his trial.

Despite this, Trump continued his social media attacks on Monday, claiming Chutkan has "TRUMP DERANGEMENT SYNDROME" on Truth Social, which he also used to criticize special counsel Jack Smith.

In an interview with CNN, former White House lawyer Ty Cobb predicted Trump will end up spending time in jail for violating Chutkan's gag order.

Referring to the judge and the former president, he said: "I think she'll come in with a much heavier penalty, and ultimately, I think he'll spend a night or a weekend in jail."

In October, Trump told a rally of his supporters in Clive, Iowa, he is prepared to go to prison in response to Chutkan's gag order.

He said: "They want to take away my voice and a judge gave a gag order today. Did you hear that? On speech, which I believe is totally unconstitutional what she did. A judge gave a gag order, a judge doesn't like me too much...But what they don't understand is that I am willing to go to jail if that's what it takes for our country to win and become a democracy again."

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

About the writer


James Bickerton is a Newsweek U.S. News reporter based in London, U.K. His focus is covering U.S. politics and world ... Read more

To read how Newsweek uses AI as a newsroom tool, Click here.
Newsweek cover
  • Newsweek magazine delivered to your door
  • Newsweek Voices: Diverse audio opinions
  • Enjoy ad-free browsing on Newsweek.com
  • Comment on articles
  • Newsweek app updates on-the-go
Newsweek cover
  • Newsweek Voices: Diverse audio opinions
  • Enjoy ad-free browsing on Newsweek.com
  • Comment on articles
  • Newsweek app updates on-the-go