Trump lawyer Alina Habba said she has “no confidence at all” that the jury deciding the former president's trial in New York will be instructed “in the proper way,” and told Fox News on Sunday that she worries the judge could give instructions biased toward the prosecution.
“This is a judge who is going to decide what jury instructions are going to be. Jury instructions are a road map for non-attorneys and jurors to follow the law. This is going to be very important, but frankly, at this point, I don't have any confidence that this person is going to do the right thing and give the jury instructions in an appropriate way without giving the prosecution away,” she told “Sunday Morning Futures” guest anchor Sean Duffy over Memorial Day weekend.
Before deliberations begin, the judge will give the jury instructions on how to interpret the law relevant to the case.
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Alina Habba, a lawyer for former President Trump, speaks outside the Wilkie D. Ferguson Jr. Federal Courthouse in Miami, June 13, 2023. (AP Photo/Rebecca Blackwell)
Many legal experts, including Harvard Law Professor Alan Dershowitz and former U.S. Attorney for the Northern District of Alabama Jay Town, have argued that Judge Juan Marchan clearly sided with the prosecution in their attempt to prove that Trump offered or discussed offers to keep his alleged affairs with porn actress Stormy Daniels and Playboy model Karen McDougal secret before the 2016 presidential election.
The former president has denied the affair and pleaded not guilty to 34 charges of falsifying business records.
Hubba, a longtime lawyer for Trump, echoed the concerns of many who argue the lawsuit is baseless, time-barred and doesn't directly identify any criminal wrongdoing.
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Judge Juan Marchan in his chambers in New York on March 14, 2024. (AP Photo)
“No case has been filed … we're sitting here, we haven't seen any facts, and the prosecutor's last resort is to dictate how this politically motivated judge decides the fate of a former president and a future president of the United States,” she told Duffy.
At the same time, mainstream media hosts and guests have acknowledged that the case was flawed, particularly the witness testimony of former Trump attorney Michael Cohen.
“The jury is currently waiting for instructions from Judge Marchan after closing arguments begin next week. Haba said the delay in deciding is a concern because it could influence jurors to decide to convict Trump.”
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“In my opinion, the jurors should have been sequestered because they are dealing with an unfair case that is completely unprecedented in America. They are out with friends and family on holiday weekends, they have opinions, they are watching the news, they have the TV on at pool parties. If they are left-wing and they are watching what my client calls MSDNC and CNN, I have serious concerns that they are not going to get an unbiased news story,” she said.
Haba added that he was concerned that friends and family could influence the jury's decision.
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Taylor Penley is deputy editor at Fox News.