Alina Habba Warns Jack Smith 'Should be Scared'

Donald Trump lawyer Alina Habba has said Special Counsel Jack Smith "should be scared" after the latter filed a motion to stop the former president making "political attacks."

Smith filed a motion Wednesday asking the Washington, D.C. court to prevent Trump from making "partisan political attacks." Trump has claimed repeatedly that he is the victim of a political witch hunt.

Speaking on Newsmax's Greg Kelly Reports yesterday, Habba said Smith's motion was a "due process violation" in the "form of a gag order" and that "Jack Smith is running scared because he has no case."

Smith "doesn't want any defense being brought by the defense," Habba said. "It is what happened with the last trial I tried, it is what happened with the next trial I try."

Alina Habba Donald Trump
Habba talks to the media outside the New York State Supreme Court on December 07, 2023 in New York City. She represented Trump in his civil fraud trial in New York James Devaney/GC Images

Trump "should not permit the defendant to turn the courtroom into a forum in which he propagates irrelevant and should reject his attempt to inject politics into this proceeding," Smith's motion said.

It asked U.S. District Judge Tanya Chutkan to bar Trump from telling the jury that he is the victim of political persecution, arguing it could be prejudicial.

"They will try and use his [Trump's] popularity and his voice as a way to work against us and the American people so that people cannot hear the truth," Habba said.

"That whole list is the defense, that's saying you cannot put your own defense on, that's like saying you cannot have an expert on the Letitia James case or gagging his lawyers, which has happened to me."

Habba was referring to Trump's civil fraud case in New York brought by State Attorney General Letitia James. Judge Arthur Engoron upheld a gag order in the trial, which was later upheld by an appellate and prevented Trump from talking about members of the court.

It was extended to Habba and fellow Trump lawyer Christopher Kise. It led the former to liken it to life in communist states where courts try to "silence your opponents."

Newsweek has approached the New York Supreme Court for comment via email.

Habba said: "I'm a spokeswoman. I'm a lawyer. I am an advocate, and we will handle this like we handle everything else that would be appropriate; with vigor and we'll take appropriate measures that are in place that we hope will still be in place."

The charges against Trump in Washington, D.C., relate to his alleged involvement the January 6, 2021 riots at Capitol.

Newsweek has approached Smith's office and Habba via email for comment.

Trump is charged with conspiracy to defraud the United States; obstruction of and attempt to obstruct an official proceeding; conspiracy to obstruct an official proceeding and conspiracy against rights. He denies all charges.

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About the writer


Benjamin Lynch is a Newsweek reporter based in London, U.K. His focus is U.S. politics and national affairs and he ... Read more

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