Alina Habba Blasts Judge Threatening Her With Jail

Alina Habba has slammed the judge in the recent Donald Trump defamation trial in New York after he threatened to put her in jail.

Habba, who defended the former president in the latest defamation case brought by former Elle columnist E. Jean Carroll, appeared on the network Newsmax and complained about a disagreement with Judge Lewis Kaplan.

"We have a judge that is trying to throw a civil attorney, threatening me that he's going to put me in the 'clink,' I believe was what he said... because I objected to his ruling on an evidentiary issue," said Habba on Monday. "It was a Powerpoint slide that helped prove our case and he said 'no you're not allowed to bring it in I'm sorry.'

"I said, 'Your Honor, I have to put something on the record, I completely disagree with you, the evidence rules don't say it,' and his response was ' sit down, Ms. Habba, or I am going to put you in jail.'"

Trump was ordered to pay $83.3 million in damages to Carroll over statements made in 2019. In another civil defamation trial in May 2023, a jury had ruled that Trump had sexually assaulted and defamed Carroll, awarding her $5 million. As a result, in this latest trial, Kaplan had ordered that Trump could not discuss several topics in the courtroom, including Carroll's previous romantic relationships and sexual experiences and "suggesting or implying" that Trump did not sexually abuse her. Trump has repeatedly denied any wrongdoing and has said he would appeal the latest verdict. He is appealing the May 2023 decision.

On Newsmax, Habba also said Kaplan had blocked the jury "from seeing video footage [and] tweets that prove our case."

"That jury in that silo wouldn't know that because they're not allowed on the internet," she said. "They hear the rulings and they see a judge putting an attorney down, then that jury is going to believe whatever the judge is leading them to believe."

"On appeal, those rulings will come up, the one-sidedness will come up, and we will prevail," she added.

Newsweek has approached Habba's office and a media representative for comment via email outside of regular office hours.

Kaplan told Habba on January 26 she was on the "verge of spending some time in the lockup" after she contested a ruling. He had ruled that Habba was not allowed to use a particular slide in her closing argument.

Habba's performance was criticized by some legal experts during the trial.
When Kaplan denied a number of pre-trial requests from Trump and his attorneys, she was recorded saying, "I don't know how to try this case, Your Honor."

Following the jury decision Trump said on his Truth Social media platform on January 31 that he was interviewing "various law firms" to represent him in the expected appeal, likely replacing Habba as counsel on the case.

On Truth Social, Trump said: "I am in the process, along with my team, of interviewing various law firms to represent me in an Appeal of one of the most ridiculous and unfair Witch Hunts our Country has ever seen—The defamation Sham presided over by a Clinton appointed, highly partisan, Trump Hating Judge, Lewis Kaplan, who was, together with certain other Radical Left Democrat Judges, one of the most partisan and out of control activists that I have ever appeared before."

It is not uncommon for lawyers to be replaced when moving to an appeals process.

Former Department of Justice litigator Gene Rossi told Newsweek during the trial that the scrutiny on Habba was significant due to her high-profile client, whom he described as "impossible."

He said: "With respect to Ms. Habba, she has an impossible client, with whom she has to work. Plus, her every move is being analyzed and ridiculed. Add to this Perfect Storm of a disaster is that she does not appear to have a comfort level with the rules of evidence or how to handle a demanding jurist. Other than that, she is doing a wonderful job."