Alina Habba Responds to Claim Donald Trump Fell Asleep in Court

Donald Trump's lawyer Alina Habba has said that reports the former president fell asleep during the opening day of his criminal trial in New York are "ridiculous."

Habba, who is not representing Trump in the falsifying business records trial, described the suggestions as a "remarkable story at best," and indicated that his eyes may have been closed as he "reads a lot."

Speaking to Newsmax, Habba said: "I don't know what he was doing, I wasn't there, there are no cameras. I wish there were, but he has been sitting there as he's forced to at the threat of going to jail if he's not sitting there, for what I assume would be a very mundane day, they are going through jury selection.

"There were a tremendous amount of emotions being heard yesterday. I wasn't there so I can't comment on that. I find that to be a ridiculous thought though."

Context

Habba was responding to reports from The New York Times' Maggie Haberman and other reporters that Trump appeared to be sleeping on Monday, the day when he became the first former president in U.S. history to appear in court facing criminal prosecution as the opening day of his trial in New York began.

Proceedings began on Monday with jury selection, and are set to continue throughout Wednesday at least.

Trump has pleaded not guilty to 34 felony counts of falsifying business records in relation to so-called "hush money" he arranged for Cohen to pay adult film star Stormy Daniels to keep an alleged affair she had with Trump a secret ahead of the 2016 election. The money was listed in Trump's company records as "legal fees," which prosecutors suggest was part of an unlawful attempt to influence the outcome of the 2016 presidential race.

Trump, the presumptive 2024 Republican presidential nominee, admits reimbursing the $130,000 hush money to Cohen but denies having an affair with Daniels.

What We Know

Haberman first reported that Trump appeared to be nodding off during Monday's proceedings, writing in the New York Times' live blog that the former president's "head keeps dropping down and his mouth goes slack."

Haberman added that "Trump has apparently jolted back awake" after "noticing the notes his lawyer passed him several minutes ago."

Courthouse News reporter Erik Uebelacker also posted on X, formerly Twitter, on Monday: "Tough to see the screen in the overflow room, but I swear Trump is nodding off at the defense table. His chin just hit his chest, then his head shot back up. We've all been there."

Stewart Bishop, reporter for Law360, said: "It very much looks like Trump is dozing off right now."

Trump was also reported to appear tired during the second day of his trial on Tuesday.

"Trump is periodically leaning back in his chair and closing his eyes, only to shift his weight moments later," NBC News wrote in its live coverage. "It is difficult to say whether he has fallen asleep or is resting his eyes."

Trump's office has been contacted for comment via email.

Views

A spokesperson for Trump's campaign described the reports that the former president fell asleep during Monday's trial proceedings as "100% Fake News coming from 'journalists' who weren't even in the court room."

Haberman discussed how Trump reportedly glared at her for several seconds in the courtroom on Monday after reporting he fell asleep: "He made a pretty specific stare at me and walked out of the room."

"I want to be clear that I've seen lots of people fall asleep in courtrooms. I've seen jurors fall asleep. I've seen judges fall asleep. If anyone falls asleep who's a criminal defendant in a case, we're going to report on it," Haberman told CNN.

"But he doesn't like when such things are reported, and I'm guessing—I don't know— that that's what this was about."

What's Next

Jury selection for the historic trial is set to continue on Thursday. The trial is expected to last between six and eight weeks.

Correction 04/17/24 07:34 a.m. ET: This article was updated to correct when Donald Trump's trial will resume.