Alina Habba, one of former President Donald Trump's various lawyers, was the subject of online mockery on Friday after making a request in court that was deemed "outrageous" by one former Department of Justice (DOJ) official.
Habba, a New Jersey-based attorney who also serves as a senior adviser for one of Trump's political action committees (PAC), has been representing the former president in the civil defamation suits brought against him by former Elle columnist E. Jean Carroll. These suits were brought in response to Trump's repeated claims that Carroll had lied about allegations that he sexually assaulted her during an encounter in a New York City department store in the 1990s. The former president has maintained his innocence, despite the various rulings against him.
In May, a jury found that Trump had sexually abused Carroll and was therefore liable for defamation against her for statements made in 2022. Carroll was awarded $5 million in damages. She also sued Trump for denials he made in 2019, during his time as president, with a trial now underway to determine the damages he will be liable to pay the writer for his defamatory comments. During this trial, Carroll is seeking at least $10 million.
On Friday, Habba attempted to motion for a mistrial in the case, claiming that Carroll had broken the law when she deleted emails containing death threats against her, which she had previously testified about.
In a letter, Habba wrote to Judge Lewis Kaplan, who is overseeing the case, that the deletions amount to severe prejudice of "President Trump's defense since he has been deprived of critical information relating to critical evidence which Plaintiff has described to the jury." Habba added that the deletions violated a federal rule that outlines emails must be preserved for litigation. Kaplan rejected the motion.
During an appearance on MSNBC on Friday, former DOJ official Mary McCord called the argument from Habba "outrageous."
"To suggest [Carroll] had an obligation and she violated that obligation and the penalty should be reason for a mistrial, it's outrageous," McCord said. "...It denies that human dignity that you have to sit there, take it, read it over and over as it's coming in through your social media, through your emails, what have you."
Newsweek reached out to Habba via email for comment.
Numerous users on X, formerly Twitter, took Habba to task for the mistrial motion and mocked her competency as an attorney.
"Alina Habba filed a motion for a mistrial today in the E. Jean Carroll case, but it's the same motion she already filed, was denied & judge bench-slapped her for," X user Joan Hussey wrote. "She's a graduate of PA's Widener U Commonwealth Law finishing at the bottom 20 percent. Only the best."
"Alina Habba is a heartbeat away from filing for a mistrial based on her own ineffective counsel," X user going by "Hoodlum" posted.
"Alina Habba sends letter to Judge Kaplan requesting a mistrial," lawyer Don Lewis posted. "Surprisingly, she didn't cite her own incompetence as a purported reason."
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Thomas Kika is a Newsweek weekend reporter based in upstate New York. His focus is reporting on crime and national ... Read more