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?
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
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
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
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
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?
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
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
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’?
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
Rubin further commented on the situation, noting the ambiguity surrounding the specific ethical obligations Alina Habba is referring to.
Judge’s Warning
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
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
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
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
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
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
Judge Engoron has already determined Trump committed fraud in misrepresenting his assets, including Mar-a-Lago, in his financial statements.
Awaiting Trump’s Fate
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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