MSNBC legal analyst Lisa Rubin asserts that attorney Alina Habba’s unusual reaction to Judge Arthur Engoron’s query regarding perjury charges against Allen Weisselberg, former CFO of the Trump Organization, is quite noteworthy.
Questionable Response
Rubin highlights the fact that Habba, a controversial figure who represents Donald Trump and also defended Weisselberg – who admitted guilt to 15 charges including grand larceny, falsifying business records, and tax fraud – replied in an interesting manner.
High-Profile Legal Battle
Judge Engoron, leading the trial on Trump’s financial fraud, earlier sought clarity from Trump’s lawyers following a New York Times article suggesting Weisselberg committed perjury.
Rubin, however, finds Habba’s answer to this request peculiar.
Habba’s Letter
Habba wrote in her letter, “We do not represent him [Weisselberg] in connection with any criminal matters. I have not spoken with the New York District Attorney’s Office (DANY) about any of the matters discussed in the New York Times article.”
Cautionary Approach
She added, “Further, in an abundance of caution, I have conferred with my ethics counsel and have been advised that I am constrained by my professional ethical obligations from providing any further detail.”
What’s Not Being Said
Lisa Rubin observes that Habba notably doesn’t deny discussing plea negotiations with Weisselberg or his criminal defense attorney.
She also doesn’t refute that some of his testimony might have been knowingly false.
Ethical Dilemmas
Rubin suggests this could imply that Habba is potentially breaching Rule 3.3 regarding her ethical duties to all clients, not just Trump.
Judge’s Stern Warning
Rubin argues, “For now, it’s not clear what ethical obligations she’s referring to. After all, Engoron — in an emailed response to counsel Thursday — reaffirmed Habba’s duties under Rule 3.3. And he ended with a stern warning: ‘[I]f someone pleads guilty to committing perjury in a case over which I am presiding, I want to know about it.'”
Weisselberg’s Case
Rubin goes on to say, “But while l’affaire Weisselberg ultimately may not prevent Engoron from ruling soon, the episode — and not her actual courtroom antics — could be what causes the greatest harm yet to Alina Habba’s standing as a lawyer. Watch this space.”
Weighing the Consequences
She implies that this matter could become problematic for Habba, especially as Judge Engoron deliberates over the substantial financial penalties proposed by New York Attorney General Letitia James in her civil lawsuit.
A Figure of Interest
Rubin points out that Weisselberg, who has served the Trump family for almost 50 years, has always been a figure of interest and allegedly a collaborator in Trump’s fraud activities.
Behind the Scenes
His deep-rooted loyalty to Trump is undeniable. After admitting to felony tax fraud in the Manhattan DA’s case against him and the Trump Organization in 2022, Weisselberg was compelled to testify in court, yet he firmly refrained from betraying the former president.
“And he appears to have been rewarded for his ‘service,’” Rubin remarks.
$2 Million Severance Deal
The day before his five-month sentence to Rikers Island, Weisselberg inked a $2 million severance deal. Rubin has previously raised doubts about this agreement’s authenticity, particularly because, as part of the deal to receive the $2 million in eight payments over two years, Weisselberg must not assist any parties, including law enforcement or prosecutors, with claims against the Company or its associates.
In essence, unless legally compelled, Weisselberg is barred from aiding those seeking accountability from Trump.
Legal Ties Examined
Rubin’s analysis returns to Habba’s role in the ongoing civil fraud trial presided over by Judge Arthur Engoron, who is soon expected to decide on damages. Both Trump and Weisselberg are defendants in this case, and like Trump, Weisselberg was subpoenaed to testify.
Allegations of Lying Under Oath
Rubin notes that Weisselberg is reportedly discussing another plea deal with the Manhattan DA, as reported by The New York Times, for allegedly lying under oath during his testimony at this trial.
Judge’s Questions
Engoron, tasked with assessing witness credibility for his ruling, has understandably asked both parties to reveal what they know about Weisselberg’s purported readiness to confess to perjury.
No delays?
The judge also instructed them to express their opinions on how these alleged plea talks might affect his decision-making timeline.
Rubin observes, “Nothing in the responses suggests that Engoron should delay his decision, but that’s where they diverge.”
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