Former President Donald Trump’s attorney Alina Habba argued in a court filing Monday that the judge overseeing writer E. Jean Carroll’s defamation trial against Trump had a conflict that resulted in Carroll receiving “preferential treatment” —but while Habba said she’ll try to use that to have the case and its $83 million verdict thrown out on appeal, legal experts say she’s unlikely to succeed. and Carroll’s attorney has denied the “baseless allegations.”
A jury ordered Trump to pay $83.3 million in damages to Carroll on Friday, after he defamed her in 2019 by denying her allegations that he sexually assaulted her in the 1990s and claimed Carroll isn’t “my type.”
Habba filed a letter in court Monday on Trump’s behalf, which pointed to a New York Post article reporting Carroll’s lawyer Roberta Kaplan worked at the same firm as U.S. District Judge Lewis Kaplan (no relation), who oversaw the case, with a source claiming the now-judge was “like [Roberta Kaplan’s] mentor” when they worked together decades ago in the 1990s.
Roberta Kaplan denied Habba’s “baseless” allegations in a letter to the court Tuesday, writing she and the judge only overlapped at the law firm for two years and she “remember[s] no direct interaction from that time period with Your Honor at all,” let alone them having any kind of mentor-mentee relationship. Even if the lawyer and judge did have a professional relationship, legal experts said Habba’s argument was unlikely to work: CNN legal analyst and former prosecutor Elie Honig called Habba’s argument “bogus” and noted on the network Monday that judges having connections to lawyers is commonplace, saying, “Every judge in that courthouse knows.
socializes with, has worked with, sometimes maybe mentored, dozens, hundreds of attorneys in this city .
That is not enough for a conflict of interest.”Attorney Andrew Fleischman tweeted, “No competent lawyer in the world thinks this motion has a shot,” while former U.S. attorney Joyce Vance noted Habba has previously said Supreme Court justices who Trump appointed should be loyal to him, “But sure, go ahead and complain that a judge and a lawyer were briefly at the same firm and pretend that's a conflict.”
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