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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAlina Habba
Now that the dust has settled, here's my take on Habba, Trump, and the Carroll trial.
Habba seemed oblivious to the basic courses in law school of evidence, trial advocacy, and even orientation where you're introduced to civil procedure.
According to Attorney Ethics, you are charged with "zealous representation" of your client. IOW, you do whatever you can to put the position(s) of your client before the factfinder, whether it's a jury or a judge. You do your research, you consult your client, you're organized when you appear in court, and your presentation is coherent and persuasive.
What you don't do is whatever your client tells you to do. Just the opposite: you advise your client of the limitations of his/her/their/its case. And there's always some limitations. Maybe you don't have necessary provable facts. Maybe statutes and caselaw are not promising. I've had to sternly tell clients that they don't have much of a case and we can only fall back on trial where hopefully, adversarial counsel will make mistakes that can be reversed on appeal.
From where I'm sitting, Habba promised Trump they'd win no matter what. She'd tell the judge where to get off. She'd make judicial history and give him justice simultaneously. She'd promise the judge that Trump wouldn't pontificate on the stand, then let him do exactly that while looking helplessly at the judge. TRUMP would win the case, not Habba.
IMO, their "strategy" was to get a mistrial. Or get jury nullification where they'd award E. Jean Carroll something insulting like $1.00. Or get just one juror to refuse to award any amount.
Remember, they could have made a settlement offer of any amount at any time to make this spectacle to go away. But they didn't. They could have asked for the amount to remain undisclosed. They didn't.
And how about THIS: Trump could have publicly apologized to E. Jean Carroll during the trial. I've done this with clients who were legally culpable. Had them write letters of apology, give ALL the money they took back to the Court to give to the victims, and apologize for their actions publicly in court. Did they want to do it? Of course not. But we didn't have a case and they wanted the whole thing to go away. Result: The Court accepted their guilty pleas, apologies, and money BUT didn't impose any fines or prison for larceny. We were granted mercy because of our accepting responsibility and showing humility. Trump *might* have had a reduction in the judgment by the jury.
Alina Habba reminds me of those unfortunate compatriots in law school, where they're called on by the professor about an assigned case, and they end up looking like abject fools in front of 100 students as well as the professor. (It happened to me once -- and once is enough for you to dedicate yourself to being prepared in the future.)
dalton99a
(81,631 posts)usaf-vet
(6,215 posts)The only one that mattered regarding looks was Trump: "She was his type." I'll bet she discussed the case by sitting on his lap.
She went to court dressed like she was going out on the town and wanted to be noticed instead of being a conservative lawyer.
Liberal In Texas
(13,583 posts)HandmaidsTaleUntold
(242 posts)Not to be crass or assuming she doesnt have skills but Im sure she appealed to him either by hitting on him or sleeping with him. Thats what he understands and she has a thirst for power. And shes a terrible attorney.
Shermann
(7,451 posts)All up-and-coming snake oil salesmen should learn from Gerald Ratner. Never break the third wall!
catbyte
(34,467 posts)She really hitched her wagon to a star, lol. I hope she gets everything she deserves.
malaise
(269,200 posts)Her epitaph
samnsara
(17,650 posts)spectacle will bring her more clients.
PJMcK
(22,054 posts)Good luck with that.
SeattleVet
(5,480 posts)after an absolutely EPIC episode of 'Cops'.
Attilatheblond
(2,222 posts)Thinking Sugar Daddy is more her goal than clients. But she really fails in her research of potential victims, err.... partners.
3Hotdogs
(12,434 posts)But shouldn't she be subject to sanctions? She starts the trial by saying she doesn't know how to present this case. Shouldn't she have withdrawn at that point instead of continuing?
I'm. glad she didn't, but ...
onenote
(42,778 posts)agingdem
(7,863 posts)enamored with her client, his lifestyle...and not a twinge of conscience...
Trump's victim-of-bad-lawyering blather is pure bullshit...Habba did precisely what Trump instructed her to do: perform...guest on FOX and trash the judge/the opposing counsel/question E. Jean Carroll's veracity...and then swan into the courtroom, accuse the judge of overt bias, extol the virtues of her client a truly innocent man unfairly condemned for being rich.. and then entertain the idiot reporters waiting outside with moronic bad judge soundbites...
Pepsidog
(6,254 posts)Kennah
(14,325 posts)rubbersole
(6,734 posts)Billable hours don't you see...
Kennah
(14,325 posts)dem4decades
(11,306 posts)sop
(10,273 posts)And proven the old adage about having "a fool for a client and an ass for an attorney."
This way, he's just a fool and an ass
Torchlight
(3,367 posts)are based on something other than skill/talent at the position they are delegated to. Maybe he's looking for loyalty, crudeness, leverage, I dunno, but there's no way any of his people are being vetted for talent as they've all shown, to the last individual, degrees of incompetency that would embarrass a 4th-grader.
I think he could have/would have gotten away with a ton more successfully if he had brought in people for experience in their fields and qualifications of excellence instead of using whatever litmus test he's been using to this point.
Ms. Habba is a perfect example of this.
C_eh_N_eh_D_eh
(2,205 posts)He refuses to listen to anyone who tells him he can't do something, doesn't know how to shut up, and never pays a debt when he thinks he can bully or weasel his way out of it. Real professionals, in law or any other profession, don't want anything to do with him.
Random Boomer
(4,169 posts)Trump lives in his own narcissistic bubble. Maintaining his self-delusion of superiority is his first priority, so all other decisions flow from that. He wants loyalty, obedience, deference. Whether or not they are competent isn't relevant, and he himself is so incompetent that he has no basis on how to judge people's competence, assuming he cared, which he doesn't.
Attilatheblond
(2,222 posts)but that ship sailed a very long time ago.
Now, he could have tried some professional cognitive therapy to get over the bad parenting he got, but he is too brainwashed by the bad parenting to have ever sought help and growth.
MyOwnPeace
(16,940 posts)don't you remember when he first took office he said he would hire "ONLY THE BEST!!!!!!"
OK, maybe he 'forgot' that part..............
I don't know what the 'current count' of indictments is (not sure when this list was published, but I'm sure it was before DJT's latest 4 indictments, but don't know about other 'administration' officials).
MOST CRIMINAL INDICTMENTS in a RECENT ADMINISTRATION:
TRUMP (Republican) - 219
NIXON (Republican) - 76
REAGAN (Republican) - 26
RECENT ADMINISTRATIONS with the FEWEST CRIMINAL INDICTMENTS:
OBAMA (Democrat) - 0
Carter (Democrat) - 1
Clinton (Democrat) - 2
Hmmmmmmm..................
Interesting numbers there, huh?
twodogsbarking
(9,834 posts)dchill
(38,550 posts)Joinfortmill
(14,473 posts)tanyev
(42,629 posts)Discussing her looks, Ms Habba said: I dont think Id be on TV or sitting here if I didnt look the way I look. I think I caught attention.
Im very honest about that and I dont mind. Im not a feminist, I believe in strong women but I want my door opened [for me].
She continued: Somebody said to me Alina, would you rather be smart or pretty? and I said Oh easy, pretty I can fake being smart.
https://www.the-independent.com/news/world/americas/us-politics/alina-habba-trump-lawyer-court-b2481296.html
Beakybird
(3,333 posts)Habba came across as arrogant and incompetent. Carroll's lawyers came across as professional, persuasive, and humane.
HuskyOffset
(891 posts)...with people who aren't smart. Smart people will notice you're not actually smart.
CANADIANBEAVER69
(356 posts)Paladin
(28,276 posts)I'd love to see Habba representing him for the rest of his miserable life.
Chili Pepper
(103 posts)Irish_Dem
(47,482 posts)bluesbassman
(19,379 posts)Her ultimate flameout will be similarly dull and unimpressive.
Blue Owl
(50,523 posts)3Hotdogs
(12,434 posts)And if he wins the appeal, he gets a new trial which will cost even more lawyer fees and jeopardy for an even higher award.
no_hypocrisy
(46,215 posts)And AH sucked at being a trial lawyer.
Ocelot II
(115,877 posts)Trials and appeals require different skills, but a good trial lawyer always has an eye on a possible appeal and understands that part of the trial process includes preserving issues for appeal, and therefore has a good working knowledge of the appellate process. A good appellate lawyer understands trials and knows how to focus the appellate court on errors committed by the trial court, which is what appeals are for in the first place. Good appellate lawyers know every aspect of the case inside and out, including all the cases cited in both parties' briefs. At the oral argument they are able to anticipate the judges' questions, knowing that their decision has been tentatively made already on the basis of the briefs and that the purpose of the argument is to support or defeat that decision. They will not try to relitigate facts determined at the trial, make campaign speeches, get snarky with the panel, keep talking after the red light comes on, or draw attention to their cleavage and pouty lips. Habba would be at least as much of a disaster as an appellate lawyer as she was a trial lawyer. She needs to go back to drafting parking garage leases.
enigmania
(111 posts)one be to believe you can "fake being smart"? Where do these cretins come from?
HuskyOffset
(891 posts)Silent3
(15,289 posts)She's not smart enough to know what smart really is.
orangecrush
(19,633 posts)tetedur
(820 posts)by James D. Zirin published in 2019. It is about how Trump made a life of suing people, being sued, gaming the judicial system for intimidation, financial leverage and just welding power over people who were helpless to fight him.
At times, he did back down when he was going to lose. Perhaps he had competent counsel. Usually when he lost, the settlement would not be public. I didn't finish reading this book but, I don't think he ever publicly apologized for anything.
Trump knows the game. At this point he isn't going to back down on anything that he has done. Nothing he has done or will do bothers his base. He can do anything and he will not be damaged politically.
They railed about "her emails" but it certainly is okay for him to leave 100's of top secret documents on a stage at Mar-A-Largo.
If he just would have given the top secret documents back when the government asked for them, he would not be facing that part of Jack Smith's charges.
If he would have shut his mouth about E. Jean Caroll, everyone would have eventually moved on. I don't believe Melania cares about what he did when this happened. Maybe she cares about the Stormy Daniels incident.
They say he raises funds on the prosecutions. He certainly is the focus of all of America's news and gets the free publicity every day, all day long.
He has twisted the idea of what is admirable in our leaders. He is trying to break the whole system of justice in the courts. He is trying to break the whole democratic system.
rubbersole
(6,734 posts)Firestorm49
(4,037 posts)IronLionZion
(45,545 posts)DinahMoeHum
(21,812 posts)Playingmantis
(141 posts)I was caught Jaywalking
I got Alina Habba as my lawyer
She pled me out to a charge of manslaughter
Now I'm doing 10-15 hard labor!!
Martin68
(22,898 posts)louis-t
(23,297 posts)calling the attorney names and saying what a terrible person he is. But because Alina is 'his type', I doubt he will go after her. Even though she cost him a buttload of money. Well, he caused it to happen but she is really incompetent.
CrispyQ
(36,533 posts)That may not be an exact quote but did you catch that video of her, posted the other day? I believe Michael Steele was the one who asked her if she'd rather be pretty or smart & that was her answer.
PaulRevere08
(449 posts)Widener University--Delaware 2023-2024 Rankings
Widener University--Delaware is ranked No. 175 (tie) in Best Law Schools and No. 64-70 in Part-time Law. Schools are ranked according to their performance across a set of widely accepted indicators of excellence.
175 out of 196 law schools
TheRickles
(2,087 posts)RussellCattle
(1,535 posts)calimary
(81,519 posts)I appreciate your take on this, no_hypocrisy. Most informative.
But unfortunately, being trump means never having to say youre sorry.
czarjak
(11,298 posts)She's not as ugly as she is stupid.