Alina Habba Faces Dilemma: Balancing Client Loyalty Against Professional Duty

Legal expert says that Alina Habba, Donald Trump’s lawyer, may find herself in a tough spot, or a “pickle,” should she acknowledge knowing about a client’s false testimony during Trump’s civil fraud trial. 

Trump’s Attorney in Hot Water?

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This observation follows recent reports about Allen Weisselberg, ex-CFO of the Trump Organization and a figure in Letitia James’ fraud lawsuit against Trump, for allegedly overstating the value of Trump’s properties in financial documents for years. 

The Weisselberg Factor 

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Weisselberg, who already pleaded guilty to 15 felony charges in a separate tax evasion case, is a crucial witness in Trump’s upcoming trial on falsifying business records, where Trump faces 34 charges, including those related to payments to adult film actress Stormy Daniels.

Plea Talks Progress

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Reports indicate that Allen Weisselberg is in talks with Manhattan District Attorney Alvin Bragg for a plea agreement in the falsifying business records case. This deal could involve Weisselberg admitting to perjury regarding his October 2023 testimony in the civil trial.

Witness Credibility in Question

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If proven to have committed perjury in the civil trial, Weisselberg’s credibility as a witness in the criminal trial against Trump, set for March, could be seriously undermined. 

Questioning Under Oath

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Judge Arthur Engoron, presiding over Trump’s civil fraud trial, inquired Trump’s legal team, including Alina Habba, about Weisselberg’s potential admission of lying under oath. 

No Information to Disclose?

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Habba, representing Trump and previously Weisselberg in the civil trial, stated she has no information to disclose, as she isn’t representing Weisselberg in criminal proceedings, and cited ethical obligations limiting her from elaborating further.

A Tight Legal Position

Former US President Donald Trump sits in New York State Supreme Court during the civil fraud trial against the Trump Organization, in New York City on January 11, 2024. Trump's legal team will deliver closing arguments January 11 in the fraud case after the judge barred the former president from using the trial finale as an election campaign grandstand. (Photo by Peter Foley / POOL / AFP)
Image by Peter Foley / POOL / AFP

Writing for MSNBC, legal analyst Lisa Rubin highlighted that Alina Habba did not explicitly refute the possibility of Allen Weisselberg providing “knowingly false” testimony. 

Rule 3.3

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Rubin pointed out that despite Rule 3.3’s clear guidelines about a lawyer’s duties, Habba appears to be indicating to Judge Engoron that her ethical commitments to her client prevent her from disclosing further information.

Habba In a ‘Pickle’?

Former US President Donald Trump's lawyer, Alina Habba (front), leaves Trump Tower for Manhattan federal court for the second defamation trial against him, in New York City on January 17, 2024. Writer E. Jean Carroll is seeking more than $10 million in damages in the civil trial, alleging that Trump defamed her in 2019 when he was president and she had just come out with her allegation, saying she "is not my type." This is separate to a civil case last year where another New York jury found Trump liable for sexually assaulting Carroll in a department store dressing room in 1996 and subsequently defaming her in 2022, when he called her a "complete con job." (Photo by Charly TRIBALLEAU / AFP)
Image by Charly TRIBALLEAU / AFP

Rubin added, “Or is it more complicated? Could Habba be saying that because Weisselberg’s interests now diverge from those of other clients, notably Trump’s, she is truly in a pickle?” 

The Ethical Dilemma 

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Rubin further commented on the situation, noting the ambiguity surrounding the specific ethical obligations Alina Habba is referring to. 

Judge’s Warning

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She highlighted that Judge Engoron, in a recent email response to counsel, reaffirmed Habba’s responsibilities under Rule 3.3 and issued a stern warning, expressing his desire to be informed if someone admits to perjury in a case under his jurisdiction. 

Reputation Risk

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Rubin suggested that while the Weisselberg issue might not delay Engoron’s impending decision, this incident, rather than Habba’s conduct in the courtroom, could potentially cause significant damage to her reputation as a lawyer. 

“Watch this space,” she concludes. 

Complex Legal Web

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Michael McAuliffe, a former federal prosecutor, spoke with Newsweek about Alina Habba’s challenging position due to her involvement with Donald Trump in various legal cases. 

No-Win Situation

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He suggests that Habba faces a “no-win” scenario and could be at risk of legal repercussions like contempt proceedings or professional ethics complaints. 

High-Stakes Legal Game

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McAuliffe noted the complexity of Habba’s role, representing multiple individuals connected to Trump, describing it as almost a “professional death wish.” 

Duty Versus Trump’s Case

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He further commented that if Habba is ethically required to inform Judge Engoron about potentially perjurious testimony from her client, it could significantly weaken Trump’s defense. 

Fraud Finding Against Trump

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Judge Engoron has already determined Trump committed fraud in misrepresenting his assets, including Mar-a-Lago, in his financial statements. 

Awaiting Trump’s Fate

(FILES) Former US President Donald Trump sits in the New York State Supreme Court during the civil fraud trial against the Trump Organization in New York on December 7, 2023. New York's attorney general is seeking $370 million from former president Donald Trump in a fraud case which has seen the real estate mogul accused of inflating the value of his properties, court documents showed on January 5, 2024. Trump, the frontrunner for the 2024 Republican presidential nomination, and his two eldest sons are accused of fraudulently inflating the value of real estate assets to receive more favorable bank loans and insurance terms. (Photo by Eduardo Munoz Alvarez / POOL / AFP)
Image by Eduardo Munoz Alvarez / POOL / AFP

Engoron anticipates deciding on the penalties, possibly involving substantial fines and a business ban in New York for Trump, by mid-February.

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