Fogbow

Aaron Rupar @atrupar wrote: Trump lawyer Alina Habba: "We need the Supreme Court to step in and stop this."

Ben-Prime wrote: ↑Thu Dec 14, 2023 6:05 pm If only Trump had someone to counsel him, who knew the law about how to petition properly up the chain of appeals all the way to SCOTUS. But what would we even call that person? A law-er, perhaps?

Ben-Prime wrote: ↑Thu Dec 14, 2023 6:05 pm If only Trump had someone to counsel him, who knew the law about how to petition properly up the chain of appeals all the way to SCOTUS. But what would we even call that person? A law-er, perhaps?

Trump lawyer Alina Habba humiliated in appeals court during Michael Cohen hearing
Sarah K. Burris December 14, 2023 5:55PM ET

Former Donald Trump lawyer Michael Cohen was back in court on Thursday for his ongoing case U.S. vs. Cohen, in which the ex-fixer argues that his case against former Attorney General Bill Barr, and the Trump government should be able to move forward.

Among the issues cited is that Cohen was told by the Bureau of Prisons that he could only be allowed out on home confinement if he agreed not to speak to the press or write anything about Trump. He refused, and was promptly thrown back into prison and isolated in solitary confinement. When he took the case to court, a judge found that it was against his First Amendment rights and he was released in the middle of the pandemic.



Those speaking before the Court were Cohen's lawyers, the Justice Department, and Trump's lawyer Alina Habba. The arguments took less than 30 minutes, ten minutes for each side. But it was significantly less, possibly because Habba's presentation was so short.

While the Justice Department prosecutors experienced tough questions from the appeals panel, it was Habba who sent one judge to simply hold his head in his hands.

"What would deter a president from engaging in behavior like this if we don't use Bibbins?" asked one of the female judges, indistinguishable on audio.

"That's not a part of this," said Habba, citing Nixon v. Fitzgerald, a case in which a civilian analyst with the United States Air Force was fired after testifying before a congressional committee that there were inefficiencies and cost overruns.

"So, you're basically conceding there's no deterrence available? There's nothing to deter?" the judge cut in.

Habba claimed she thinks the "deterrence" was that Cohen was able to be released in spite of Trump's actions when he sought an injunction from a judge. [!!!]

"What is deterring behavior like this again?" the judge asked.

Habba claimed that the ruling by the judge in Cohen's case is what deters it in the future. She said that the biggest prevention is "separation of powers."

"Ok, so," the judge cut in again, "the allegation, and again, we are at this point where we need to take the allegations, was that someone pulled strings to retaliate against someone related to a personal vendetta. How does that fall within a president's official capacity as an office holder?"

"In this case, he has absolutely no facts," said Habba. "It's a Michael Cohen assumption."



"So, you're saying it's too conclusory for us to credit?" the judge stepped in again.

"Absolutely," Habba agreed.

The judge then asked Habba if she was familiar with Blassingame v. Trump.

"Not off the top of my head, your honor," said Habba.

The case in question was decided last week and found that Trump doesn't have absolute immunity in civil cases. It's the case of the Capitol police who were injured on Jan. 6. They have argued Trump is responsible for actions he took as a candidate and not in his official capacity as president, which was agreed to by the appeals court.

Habba, who has worked as Trump's lawyer for more than a year, said she wasn't aware of the case.

Habba said that if the decision isn't from the Supreme Court then it takes a second seat to Bibbins.

The judge interrupted and explained that Bibbins is an official act case and the one she questioned Habba about was about presidential immunity.

Habba said that in Cohen's filing the case says that the individuals he is targeting acted in their official capacity. Cohen is arguing that Trump used his power of the presidency to target and silence as a perceived foe.

"He admits that the president is working within his job as the president of the United States and his complaint fails under absolute immunity," said Habba. "So, frankly it fails on two levels."

Habba continued to speak using her prepared remarks. She talked for a little less than a minute before the judge stepped in.

"I think, I thank you for your time if my colleagues don't have any questions," the judge said.

raison de arizona wrote: ↑Thu Dec 14, 2023 3:09 pm

Aaron Rupar @atrupar wrote: Trump lawyer Alina Habba: "We need the Supreme Court to step in and stop this."

chancery wrote: ↑Fri Dec 15, 2023 5:06 pm What is the context? The Appellate Division's dismissal of Trump's Article 78 challenge to the "gag" orders?

Initially, we note that the Supplemental Limited Gag Order only prohibits statements made by counsel, not by petitioners. Inasmuch as the Supplemental Limited Gag Order does not apply to petitioners, they lack standing to challenge it (see e.g. Lucker v Bayside Cemetery, 114 AD3d 162, 169 [1st Dept 2013], lv denied 24 NY3d 901 [2014] [to establish standing, a party must show “injury in fact, that is, an actual stake in the matter to be adjudicated”]).

Constitutional scholar Alina Habba is asked to explain presidential immunity. She says Trump should be immune from prosecution because he was just “protecting our elections” which is his duty as president. He was doing it for us.

Popular Liberal 🇺🇸 @PopularLiberal wrote: BREAKING NEW: Trump Attorney Alina Habba and Her Husband Face Significant Tax Liens and Warrants

Habba's law firm is currently dealing with two active tax liens in Maine for nonpayment, resulting in a substantial sum of money owed. However, her husband's tax debt is even more substantial. He has personal tax warrants dating back to 2016, amounting to hundreds of thousands of dollars. Additionally, his LLC has tax liens exceeding three-quarters of a million dollars, for which he is personally responsible.

Reuben, aged 51, has outstanding payments of $93,628 and $179,335, both filed on August 22, 2016. In addition, he owes $484,323 from November 12, 2020, and $59,295 from April 6, 2022. Furthermore, several of his other LLCs have been subjected to tax liens totaling over $770,000, which he is personally accountable for.

Ron Filipkowski @RonFilipkowski wrote: Alina Habba today: “I know I’m Trump’s lawyer, but I really represent America.”

#HabbaHabba: Alina ("I can 'fake being smart'") Habba lost Trump another $392,638.69. Trump owes nearly $400,000 in legal fees after his lawsuit, filed by #AlinaHabba was tossed.

Wonder how Trump's marks feel about their money going to the New York Times and Hillary Clinton thanks to #HabbaHabba? "I'd rather be pretty than smart" indeed.

Les LeMieux, Sr @leslsenior wrote: Aw c’mon ⁦@KatiePhang ….
Stop waffling and tell us what you really think of Alina Habba…..

Don Lewis @DonLew87 wrote: She's a bad lawyer. The worst lawyer - the likes of which we've never seen. Big men come up to me with tears in their eyes and say: Sir, why did you hire such a bad lawyer?

Daniel Uhlfelder
@DWUhlfelderLaw

According to FEC records, Trump affiliated PACs have paid Alina Habba $2,528,408.06 in legal fees between 2/11/22 and 6/20/23.