Trump lawyer Habba says judge’s ties to E. Jean Carroll’s lawyer warrant ‘new trials’

Donald Trump‘s lawyer Alina Habba is sounding off about the alleged “preferential treatment” afforded to advice columnist E. Jean Carroll’s lead counsel after a jury ordered the former president to pay her $83.3 million in a civil defamation trial, arguing it will serve as a basis for his appeal and should lay the groundwork for “new trials.”

Habba sent a letter on Monday evening to U.S. District Judge Lewis Kaplan, an appointee of former President Bill Clinton, expressing dismay that she learned “for the first time” of allegations that the judge once had a “‘mentor’ type relationship” with Carroll’s lawyer, Roberta Kaplan, who is not related to the judge.

Flanked by his attorneys Chris Kise, left, and Alina Habba, former President Donald Trump waits to take the witness stand at New York Supreme Court, Monday, Nov. 6, 2023, in New York. “If Your Honor truly worked with Ms. Kaplan in any capacity—especially if there was a mentor/mentee relationship—that fact should have been disclosed before any case involving these parties was permitted to proceed forward,” Habba said, adding, “This issue is particularly concerning since Plaintiff’s other lead counsel, Shawn Crowley, served as Your Honor’s law clerk, and we were previously advised that Your Honor co-officiated her wedding.”

The former president’s lawyer said she only became aware of the alleged conflict of interest on Saturday when a New York Post reporter told her that one of his sources revealed Carroll’s lawyer worked with the judge in the early 1990s at the law firm Paul, Weiss Rifkin, Wharton & Garrison. 

Roberta Kaplan worked at the white-shoe law firm located in New York City from 1992 to 2016 before stepping down to become a founding partner of Kaplan Hecker & Fink, according to her LinkedIn page.

When Carroll’s attorney was at Paul Weiss, she had a nearly two-year overlap with Judge Kaplan at the firm, who was a partner there until 1994, when Clinton appointed him as a federal judge.

Habba said the recently concluded second defamation trial against Trump, which was held only to determine damages after a similar jury trial last May found him liable for sexually assaulting her and thus defaming her when he denied such allegations, “were both litigations in which there were many clashes between Your Honor and the defense counsel.”

“We believe, and will argue on appeal, that the Court was overtly hostile towards defense counsel and President Trump, and displayed preferential treatment towards Plaintiff’s counsel. Indeed, the rulings, tone, and demeanor of the bench raised significant concerns even before the New York Post’s investigative journalism unearthed these new facts,” Habba said.

Without further information and a “factual denial” by Kaplan, Habba said, “We are unable to flesh out our position concerning what specific relief should be requested,” including whether to motion “for new trials on the issues of liability and damages.”

Habba called on the court to “provide defense counsel with all relevant facts,” noting at a minimum, “this information could certainly prove relevant to President Trump’s forthcoming Rule 59 motion,” referring to a formal request to grant a new trial on all or some of the issues.

Meanwhile, a representative for Roberta Kaplan told the New York Post that there was never a conflict between her and the judge, noting, “She was a junior associate and never worked for him.” But a former Paul Weiss partner who requested to remain anonymous claimed that Carroll’s lawyer attempted to stand out to other partners at the firm, including Lewis Kaplan.

“Lew was like her mentor,” the former partner claimed.

A nine-person jury on Friday found Trump should pay $65 million in punitive damages to the former Elle magazine columnist, as well as $18.3 million in compensatory damages for emotional harm and other damages. The $83.3 million verdict adds to the $5 million Trump owes Carroll from the May 2023 trial, which broke down to $2 million for sexual abuse, $1.7 million for reputation repair damages, and $1 million for malice and injury related to defamation.

Trump is also staring down the barrel of a potential $370 million fine in the civil business fraud trial against the Trump Organization, brought by New York Attorney General Letitia James. New York Supreme Court Judge Arthur Engoron could issue a ruling on that matter as early as this week, and he already found Trump and his business associates liable for inflating the value of assets during a pretrial ruling in September.

Legal experts have said Trump may likely still have to part with the money and essentially put it in escrow with the court or bond the judgment until the appeals process is resolved.

“When you put the money in a bond, you’re putting a percentage of the money to a bonding company who puts up the remainder,” Andrew Lieb of Lieb at Law told the Washington Examiner, noting that Trump would essentially put up a small “nonrefundable” percentage of the amount owed until the appeals process plays out.

Asked about where the alleged conflict between both Kaplans could lead, Lieb said, “That could be grounds for appeal.”

Following Friday’s verdict, Trump vowed to appeal both the verdict from May and the decision from Friday.

Republican presidential candidate former President Donald Trump speaks at a primary election night party in Nashua, N.H., Tuesday, Jan. 23, 2024. (AP Photo/Pablo Martinez Monsivais) “Absolutely ridiculous!” Trump said. “I fully disagree with both verdicts, and will be appealing this whole Biden Directed Witch Hunt focused on me and the Republican Party. Our Legal System is out of control, and being used as a Political Weapon. They have taken away all First Amendment Rights.”

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The appeal would be thrust up to the U.S. Court of Appeals for the 2nd Circuit, which in December struck down Trump’s request for presidential immunity against Carroll’s defamation suit, which began with an initial request of $10 million in damages stemming from Trump’s 2019 denial of her rape account.

In addition to the civil suits, Trump has been charged with 91 criminal offenses in four criminal prosecutions. He has pleaded not guilty in each respective case.

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