Donald Trump attorney Alina Habba’s behavior during his civil trial involving journalist E. Jean Carroll has drawn scrutiny, but legal experts told Newsweek on Thursday thather conduct could be part of the former president’s strategy.
The defamation trial involving Carroll, a former Elle magazine columnist who has accused him of assaulting her in a New York City department store changing room in the mid-1990s, kicked off this week in a New York courtroom. Last May, a New York City jury found Trump liable for sexual abuse and defamation against Carroll, ordering him to pay $5 million in damages. Her attorneys now are seeking an additional $10 million in damages after the former president said she was lying about her accusations, saying he has no idea who Carroll is and that she was not his “type.” Trump maintains his innocence in the case.
Habba’s behavior during the civil trial has drawn criticism amid several tense exchanges with Judge Lewis A. Kaplan, who is overseeing the case, including when she attempted to use evidence that was not submitted to the court, was told to stand up while addressing the court and was stopped from asking about the “believability” of Trump’s alleged sexual assault on Carroll. Reports of her behavior have gone viral on social media, sparking ridicule.
Several legal experts told Newsweek that Habba’s behavior may be part of a political, rather than legal, strategy for the former president as he seeks to secure the 2024 Republican presidential nomination.
Newsweek reached out to Habba for comment via email.
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Former federal prosecutor Neama Rahmani told Newsweek Habba’s behavior, though a “shameful display of courtroom decorum,” is likely her “taking direction from her client.”
“Habba is not only speaking to the jurors in the courtroom, but the court of public opinion,” Rahmani, president of the West Coast Trial Lawyers law firm, said. “Trump can’t put up much of a legal defense because the judge ruled that he sexually assaulted Carroll as a result of the verdict in the first trial. It’s just a question of what Carroll’s damages are, so Habba is attacking her and the judge hoping it will resonate with voters.”
He also criticized Kaplan for not removing the former president from the courtroom, despite previously threatening to do so after Trump was heard commenting on the case, despite Kaplan previously urging him to remain quiet.
Kaplan’s “empty threats” have become “meaningless” because he has not followed through, Rahmani said, adding that other defendants would have been held in contempt at this point.
Trump Using Legal Proceedings as Campaign ‘Rocket Fuel’: Expert
Former federal prosecutor Gene Rossi told Newsweek that he believes Habba’s strategy is “mostly political,” and appears to not have a “strong command of how to handle herself in front of federal judge.”
Her arguments that the damages sought by Carroll’s legal team are too high are being overridden by her “desire to engage in political actions that make proceedings a circus,” Rossi said, who warned that her behavior may cause the jury to be less sympathetic toward the former president.
Trump, however, may be satisfied with her performance because he “seems to only want attorneys who do whatever he wants them to do,” Rossi said.
“President Trump is using these court proceedings as rocket fuel for his campaign,” he added. “For his core base supporters, they feel he is being persecuted both criminally and civilly. Every time he’s in court, he’s fighting the good fight for him. In other words, he is their retribution.”
Former federal prosecutor Barbara McQuade told Newsweek it is “difficult to know whether Habba’s performance in court is due to either poor lawyering or a deliberate strategy.”
“In light of Trump’s own conduct, it seems likely that the goal is to undermine the credibility of the case to preserve Trump’s reputation among his supporters. This case is a losing battle for Trump because of the prior finding of liability,” McQuade, who previously served as a U.S. attorney for the Eastern District of Michigan from 2010 to 2017 and appointed by former President Barack Obama, said. “All that is left is damages, and so he seems determined to double-down on his strategy to deny Carroll’s allegations and show no remorse as a campaign rather than a legal strategy.”
Shanlon Wu, also a former federal prosecutor who served as counsel to Attorney General Janet Reno in the Clinton administration, told Newsweek that while it’s not unusual for an attorney to speak aggressively in the courtroom, a lot of the tension has stemmed over her alleged mistakes, which he said is “unusual for a high-stakes trial.”
He pointed to two examples of her strategy that appear to be more political than legal.
Habba’s repeated attempts to have the trial delayed so that Trump could attend his mother-in-law’s funeral, despite his attendance in the trial not being mandatory, appears to be an attempt to build sympathy, Wu said. Meanwhile, Trump even showing up to the courtroom may be political.
“There’s no particular point in him showing up when he doesn’t have to show up, especially if he’s going to sit there and look very pissed off about things,” he said. “The point of having a client show up there is to humanize them and to make them look sympathetic as opposed to make them look like they’re doubling down and being outraged.”
Testimony in the trial began Wednesday, with Kaplan predicting it will last three to five days. The court, however, will not meet on Friday and the case is set to resume on Monday, January 22.
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.