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Mistrial motion for Trump’s New York fraud case will come ‘very soon,’ lawyer Alina Habba says

Former President Donald Trump’s lawyer, Alina Habba, said Sunday that she will be filing for a mistrial “very soon” in Mr. Trump’s New York fraud case.

Mr. Trump and Ms. Habba have repeatedly said that this fraud case is politically motivated and that the people involved are biased.

“I can tell you that we will be filing papers to address all of those issues,” Ms. Habba said on Fox News Sunday, acknowledging that she also has a partial gag order against her.



Asked if she would be filing a mistrial, she replied, “very soon.”

Ms. Habba said a key problem with the case is that there is only one judge who makes the decisions.

“The problem is, with all of these things, such as filing a motion for recusal, which we have done twice, is that the judge has to be the one that decides, is he going to recuse himself? Does he feel that there was a mistrial?” she said, referring to Judge Arthur Engoron.

“It’s a bench trial. We have one judge. And it’s the same judge that issued the gag order that has to make determinations,” Ms. Habba said. “So, at this point, I don’t have any reason to believe he shouldn’t after what we have learned, if it’s true.”

Judge Engoron is presiding without a jury over the case brought by New York Attorney General Letitia James, a Democrat. The lawsuit, which involves Mr. Trump, the Trump organization and his two adult sons, alleges that the organization misled banks, insurers and others by exaggerating the net worth to get larger loans and better insurance rates.

Last month, Judge Engoron issued a gag order to stop Mr. Trump and others involved from publically speaking about the judge or his team. The former president has been fined $10,000

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Maria Bartiromo Sets Alina Habba Up to Violate Gag Order

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Lawyer Says Trump Aide Told Her After 2020 Election: ‘The Boss Is Not Going to Leave’

In the aftermath of the 2020 election, former President Donald J. Trump planned to refuse to leave the White House “under any circumstances” despite losing at the polls, a longtime Trump aide told one of the lawyers who is cooperating with prosecutors in Atlanta as part of a plea agreement.

The lawyer, Jenna Ellis, described the aide’s statement during an interview with the district attorney’s office in Fulton County, Ga., parts of which were obtained and published on Monday by ABC News.

Such interviews, known as proffer statements, have been conducted with Ms. Ellis and three other defendants who reached plea agreements in the Georgia election interference case against Mr. Trump and more than a dozen of his allies.

ABC obtained excerpts from the interviews with Ms. Ellis and Sidney Powell, another lawyer indicted in the case.

The snippets from the videotaped interviews offer the first public glimpse of the conversations that Ms. Ellis and Ms. Powell have had with prosecutors since their guilty pleas last month. It is not clear what effect the information they are sharing with prosecutors may have at trial.

Ms. Ellis was one of 19 people, including Mr. Trump, who were indicted by a Fulton County grand jury in August on charges of conspiring to overturn the former president’s 2020 election loss. All of the defendants were charged under the state’s racketeering law; each was indicted on other felony counts as well.

As part of a deal that she struck with prosecutors on Oct. 24, Ms. Ellis, a former Trump campaign lawyer, pleaded to lesser charges, avoiding jail time and pledging to cooperate with the investigation. Scott Hall, a bail bondsman in the Atlanta area, and another Trump-aligned lawyer, Kenneth Chesebro, have also pleaded guilty.

Their proffers, and Ms. Powell’s, were recently turned over

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Former Trump Lawyer’s Testimony In New York Civil Fraud Trial Postponed Due To Health Concerns

Former President Donald Trump‘s ex-lawyer, Michael Cohen, has postponed his testimony in the New York civil fraud trial against Trump due to health issues.

What Happened: Cohen’s testimony was scheduled for as early as Tuesday and was estimated to span over two days.

The duration of Cohen’s absence due to this health concern is undisclosed, The Hill reported.

It is possible he may testify later in the trial, which is anticipated to continue for several months, the report added.

See Also: Marjorie Taylor Greene Refuses To Support GOP’s Speaker Nominee Because She Wants To ‘See Him Defeat Cancer’

Last month, a judge ruled that Trump and his businesses committed fraud by manipulating the value of their assets to reduce taxes and secure better insurance coverage. As a result, multiple business licenses were set to be stripped.

Cohen, a crucial witness in the case, has suggested that the trial could potentially dismantle Trump’s business empire. He previously testified in 2019, alleging that Trump artificially boosted his wealth.

Despite his concerns over online attacks from Trump’s supporters, Cohen was slated to testify as early as Tuesday. Cohen’s statement led to the ongoing $250 million lawsuit initiated by New York Attorney General Letitia James.

The trial commenced on Oct. 2, with both New York Attorney General James and Trump present in the courtroom. A New York appeals court denied Trump’s request to temporarily halt the trial but paused the cancellation of his business licenses until after an appeals court hears his case.

The ex-president is also facing criminal charges from the Manhattan district attorney’s office related to hush-money payments, in which Cohen is expected to testify. Trump has denied the allegations in both the hush-money and civil cases and has publicly disparaged Cohen, referring to him as a “rat.”

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Ex-Trump Lawyer Keeps Mum On Rumored Jan. 6 Scheme To Replace Pence With Grassley

John Eastman, a former lawyer for ex-President Donald Trump, dodged a question under oath on Wednesday about any conversations he may have had about replacing Vice President Mike Pence with Sen. Chuck Grassley (R-Iowa) to certify the 2020 presidential election results, Politico reported.

Grassley has consistently denied being part of any such discussions.

However, it remains unclear how seriously anyone in Trump’s orbit considered using Grassley — or attempting to use him — to grant Trump a second term in office.

“Neither Sen. Grassley nor his staff were ever made aware of any plans to overturn the election,” a spokesperson for the senator told HuffPost Thursday.

Eastman was reportedly asked about the alleged plot during testimony he was forced to give this week as part of his disbarment trial in California.

He cited attorney-client privilege as he declined to provide an answer. Asked which client he was referring to, he said, “President Trump,” according to Politico.

The exchange raised eyebrows given the unknowns surrounding Trump’s scheming to hold onto the White House.

Eastman is the author of a now-infamous memo that detailed how Pence could use his position to hand the 2020 election to Trump. In short, it involved casting aside the legitimate electors and introducing “alternate” slates who would make it possible for Trump to be declared the winner. (The memo led to the ongoing ethics trial that could strip him of his license to practice law.)

But Pence refused to cooperate, arguing that doing so would be against the Constitution, which gives the vice president a largely ceremonial role in the process of tallying and certifying Electoral College votes.

The theory was that with Pence out of the way, Trump could perhaps get what he wanted.

Federal law said that the vice president should oversee a joint

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South Florida lawyer sues Donald Trump, argues former president is ineligible for office due to indictment in Capitol attack – WSVN 7News | Miami News, Weather,

BOYNTON BEACH, Fla. (WSVN) — A South Florida lawyer has filed a civil lawsuit against Donald Trump in which he argues that the former president is ineligible for office.

When asked why he is suing, Boynton Beach-based attorney Lawrence Caplan said on Friday it’s all laid out in the 14th Amendment of the U.S. Constitution.

Caplan added other lawsuits may follow.

“I’m not political. I’ve voted for both Democratic and Republican presidents,” he said.

He may not be overly political, but Caplan said he has concerns if Trump becomes president of the United States again.

“I think we’ll be looking at the end of American democracy as we’ve come to know it,” he said. “There’s no hard and fast rule that says that a democracy has to last forever.”

Which is why the attorney said he filed a lawsuit to prevent Trump from running. His reasoning? Trump’s federal indictment following the deadly Jan. 6 attack on the U.S. Capitol.

Caplan calls upon the 14th Amendment. The lawsuit states in part, “Section 3 of the 14th Amendment automatically excludes from future office and position of power in the U.S. government … any individual who has previously taken an oath to support and defend our Constitution and after which acts so as to rebel against that charter.”

“It’s really common sense, based upon the facts that we know them today, regarding specifically the January 6th indictment, that Donald Trump was very much involved in the planning,” he said.

Caplan claims Trump doesn’t even need to be convicted of the crime.

“But the fact that he was indicted by a federal court for these crimes that are specifically listed in Section 3 of the 14th Amendment, it’s what’s called in the law self-executing,” he said.

Regarding that section of the 14th Amendment, Caplan

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‘he looks like a Batman villain’

Former White House lawyer Ty Cobb on Friday commented on former President Trump’s historic mug shot, saying he looks like “a Batman villain.”

“This is the first time that a former president and his colleagues have been charged with a heinous crime like this, this is the first presidential former presidential mugshot, you know we’ve ever seen,” Cobb told CNN’s Brianna Keilar on Friday. “And while he looks like a Batman villain in his mugshot, he’s still entitled to all the rights and privileges of a criminal defendant.”

Pressed by Keilar on when the Georgia election case will wrap up, Cobb suggested the appeals process could slow it down — especially as several of Trump’s 18 co-defendants have asked for either a speedier trial or for their case to be moved to a different court.

“There’s a good chance they could still be arguing about what court this would be tried in federal or state court a year from now after, after appeals,” Cobb said on Friday. “I think this is an appealable issue.”

Asked about Trump’s self-reported height and weight during his booking — and rumors he misrepresented them — Cobb said it wouldn’t provide any material value to the case.

“It’s just another insight into Trump’s psyche and how driven he is by whatever facts that he can get out that he thinks will make him more appealable to others,” he said.

Cobb’s comments come a day after Trump turned himself in to Fulton County jail over charges related to his alleged efforts to overturn the 2020 election results in Georgia. The former president and his 18 co-defendants were given until noon on Friday to surrender.

Kenneth Chesebro, the lawyer who drafted the fake electors memo, pushed for a quick trial and was granted an Oct.

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Hunter Biden’s lawyer tells Trump posts are putting family in danger

A lawyer for Hunter Biden has sent a cease-and-desist letter to former President Trump’s legal team, saying that Trump’s rhetoric is putting Biden and his family in danger.

In the Thursday letter, Abbe Lowell argues to Trump’s attorneys that Trump’s speech on social media and in other forums could lead to the “injury” of Biden or his family.

He pointed to several instances of Trump’s speech that allegedly led to violence, including the Jan. 6, 2021, riot at the Capitol and the attack on Paul Pelosi, the husband of former House Speaker Rep. Nancy Pelosi (D-Calif.).

“This is not a false alarm,” Lowell said.

“We are just one such social media message away from another incident, and you should make clear to Mr. Trump — if you have not done so already — that Mr. Trump’s words have caused harm in the past and threaten to do so again if he does not stop,” he said.

The letter was first reported by ABC News.

Hunter Biden, the son of President Joe Biden, walks from Marine One upon arrival at Fort McNair, Sunday, June 25, 2023, in Washington. (AP Photo/Andrew Harnik)

Trump repeatedly criticized President Biden’s son during the 2020 presidential campaign and made a litany of accusations against him. He has more recently slammed the plea deal Biden is set to agree to, in which he will plead guilty to two minor tax crimes and admit to the facts of a gun charge through a pretrial diversion program.

“Wow! The corrupt Biden DOJ just cleared up hundreds of years of criminal liability by giving Hunter Biden a mere ‘traffic ticket.’ Our system is BROKEN!” the former president wrote in a Truth Social post.

Trump also argued last week that the cocaine found in the White House recently could only have

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Former Trump lawyer Michael Cohen loses bid for early release from probation

Former Trump attorney Michael Cohen has lost his bid for early release from probation.

Cohen was former President Donald Trump’s personal lawyer and is a witness against him in a case in New York. 

The case centers on allegations Trump falsified business records and committed conspiracy related to his alleged role in hush money payments to two women.

Trump earlier this year pleaded not guilty to 34 counts in connection with the case. 

U.S. District Judge Jesse M. Furman in Manhattan ruled on Friday that Cohen’s past statements in a book and a television appearance are reasons Cohen should not be granted early release and that there wouldn’t be enough reassurance that future crimes wouldn’t be committed. 

Prosecutors allege that Cohen wrote a book in which he lied about engaging in tax fraud and that he was threatened by prosecutors to plead guilty, according to the Associated Press.

Cohen’s lawyer David M. Schwartz said his client “clearly demonstrated” that he has been rehabilitated after showing good behavior in prison while “substantially cooperated with all government authorities.”

Cohen pleaded guilty in 2018 to multiple charges, including lying to Congress and violating campaign finance law. 

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Trump’s Lawyer Vows to Appeal Verdict in Carroll Case

Outside of the courthouse in Lower Manhattan, Donald J. Trump’s lawyer, Joseph Tacopina, said the trial had been unfair in several ways and his client intended to appeal the verdict.

Mr. Tacopina said Judge Lewis A. Kaplan, who oversaw the case in federal court, had displayed a bias toward Ms. Carroll in several decisions. He called the court “highly prejudicial.”

For starters, Mr. Tacopina said, the judge allowed E. Jean Carroll’s lawyers to play for the jury the Access Hollywood tape in which Mr. Trump boasted about how his status as a celebrity gave him the ability to kiss and grab women’s genitalia without asking.

“There were things that happened in this case that were beyond the pale,” Mr. Tacopina said. He added: “In New York you can’t get a fair trial.”

Mr. Tacopina defended Mr. Trump’s decision not to testify.

“This was a circus atmosphere, and having him be here would be more of a circus,” Mr. Tacopina said. He added that Mr. Trump could do little more than say, “‘I didn’t do it?’ And he said that under oath here. It’s hard to prove a negative.”

He said that he thought the anonymous jury was particularly unfair to Mr. Trump’s side.

“We should have been able to tell something about the background of these people,” he said. “Unfortunately, having anonymous jurors, even kept from the lawyers, I don’t think was fair or was right.”

When asked if the verdict would derail Trump’s presidential campaign, Mr. Tacopina had a one word answer.

“Nope,” he said.

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