Donald Trump to file for mistrial 'very soon' but has concerns,' says attorney Alina Habba

Donald Trump is going to file a motion for a mistrial in his civil fraud case in New York "very soon", according to his attorney, Alina Habba.

Unfortunately for Habba, the very judge that is currently presiding over the civil fraud case — Judge Arthur Engoron — will be presiding over the motion for a mistrial.

And that has Habba — and the other attorneys on Team Trump — very worried.

Trump has repeatedly expressed his distaste for Engoron, and his clerks, on social media, claiming that they are biased against him due to their "liberal politics."

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Habba, however, said that she plans to remediate that issue.

"I can tell you that we will be filing papers to address all of those issues,” she said to Fox News, while promising to also address the issue of the pervasive gag order that prevents Trump from further commenting on the case outside of a courtroom setting.

She continued: "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."

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

The lawsuit by New York Attorney General Letitia James seeks at least $250 million in damages as well as restrictions that would effectively bar Trump and his adult sons from New York's real estate industry.

James alleges Donald Trump, his company and executives including Eric and Donald Jr. exaggerated his wealth by billions of dollars on financial statements given to banks, insurers and others. The documents were used to secure loans and make deals. She is seeking more than $300 million in what she says were ill-gotten gains and a ban on defendants doing business in New York.