Lawyer Tells Us What Alina Habba's Fox News Appearance Means For Donald Trump's Gag Order

Donald Trump's attorney, Alina Habba, will find it tough to shake off accusations of incompetence, especially with legal experts revealing she may have violated her star client's gag order. The former president is currently on trial for allegedly improperly recording a hush money payment as a legal expense to conceal the settlement's true nature. However, Trump's latest problems have less to do with his own actions than Habba's. Before the trial even commenced, the controversial politician began publicly calling out family members of the judge and the district attorney. Consequently, Judge Juan M. Merchan issued a gag order that restricts Trump from publicly speaking about court staff, their family members, and any witnesses who testify in the case. 

The judge also clarified that the order prevents the MAGA leader from "making or directing others to make public statements" about those protected by it. This is why there's quite a buzz surrounding the fact that Habba very publicly disparaged witness Stormy Daniels' character in a Fox News segment on May 7, 2024. "When you have inconsistencies with any witness, it speaks volumes. When you pick people that are not credible, it speaks volumes," she said (via YouTube) while commenting on Daniels' trial testimony against Trump. And, in an exclusive chat with The List, former federal prosecutor Neama Rahmani explained that these statements have likely violated Trump's gag order by directly going against what the judge laid out.

Considering that Alina Habba isn't part of Donald Trump's legal defense team for the hush money trial, questions are swirling about whether or not the gag order extends to her. Neama Rahman, the current president of West Coast Trial Lawyers, clarified that Habba must obey Judge Juan M. Merchan's commands because she not only acts as the former president's legal spokesperson but is also bound by New York law, where Habba is notably licensed to practice and currently operates. "Trump can't do an end run around the gag order by having his lawyer spokesperson violate it," Rahman confirmed.

Habba will also find it difficult to plead her innocence considering that she previously admitted — in another Fox News interview, no less — that she wasn't permitted to discuss certain case-related matters due to the gag order. Since Trump has broken it ten times already, and been fined accordingly, there might be dire consequences. As Rahman exclusively told The List, "Trump can be jailed, though that is unlikely. It's more likely that he continues to be fined or Judge Merchan orders home confinement in Trump Tower and gives the jury an adverse instruction because Trump continues to willfully disobey his order." 

On the other hand, the former president's outspoken supporter may receive a fine or, in more severe circumstances, "Habba can be reported to the New York State Bar for disciplinary proceedings."