'She should have opted for smart': Alina Habba ridiculed over gag order confusion
Donald Trump's attorney Alina Habba made a bold argument that her inability to understand the former president's gag order in his criminal hush money trial was unconstitutional.
Habba spoke to Fox News in an interview from outside the Manhattan criminal courthouse where Trump faces an ongoing trial on charges he falsified business records to cover up hush money paid to adult film star Stormy Daniels ahead of the 2016 presidential election.
Trump remains under a gag order — which he has since violated at least 10 times — implemented after he repeatedly attacked Justice Juan Merchan's daughter.
"We have a dual system of justice and a very unconstitutional gag order," Habba declared, echoing her client's oft-repeated complaint.
"As his legal spokeswoman, I'm nervous about what I can't say and that's also unconstitutional."
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A bulleted list of subjects on which the defense is barred from addressing appears in the gag order, which is posted publicly on the court system's website.
The March 26 order bans Trump from discussing witnesses, jurors, counsel other than Manhattan District Attorney Alvin Bragg, and court staff. Trump is allowed to discuss Bragg and Merchan, but not members of their families. He is also allowed to criticize political opponents.
Habba argued this order, which prosecutors contend was necessary to secure a fair trial, violated Trump's rights as a citizen and a presidential candidate.
"The fact that they will not let a defendant speak and exercise his First Amendment rights, never mind the leading candidate for president, that is un-American," Habba declared. "It violates his First Amendment rights."
Habba's words were swiftly ridiculed on social media.
"Lol," replied X user Renegade Cowboy. "I would rather be pretty than smart is confused huh?"
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"As a lawyer, she should know what’s prudent & what’s not to say," posited X user Barbara Levitan. "There’s nothing unconstitutional about that...On the other hand, she should have opted for smart."
"Habba: As a lawyer," quipped @DianeSevenay, "I don’t really understand laws."