Donald Trump's legal spokesperson, Alina Habba, may have violated the terms of his gag order by attacking Stormy Daniels' testimony on TV. This could present a big problem for her and her client, as the judge has already fined Trump $10,000 for previous violations of the order.
Habba's statement on Fox News, impugning Daniels' credibility, may have violated the gag order, which prohibits Trump from making statements about the case through a surrogate. The judge will need to decide whether there was any coordination between Trump and Habba in the issuance of this statement.
Additionally, Habba's statement may have violated New York's Rules of Professional Conduct, which prohibit lawyers from making extrajudicial statements that could prejudice an adjudicative proceeding. Habba's statement could be seen as an attempt to discredit a witness, which is a classic example of a statement that could prejudice a proceeding.
There are a few ways Habba could avoid a charge of unprofessional conduct. If she was responding to adverse publicity made by someone else, she may have some leeway. However, it's not clear that this was the case. Alternatively, if she is not participating in the case, she may not be subject to the rules of professional conduct. However, she has been identified as Trump's legal spokesperson and has represented him in other cases, so it's possible that she is participating in the case.
The judge may hold an evidentiary hearing to determine whether Habba's statement was made at Trump's direction and whether she was acting in her capacity as his lawyer. If the answer to either of these questions is yes, then Trump and/or Habba could face consequences. If Habba was acting on her own and not serving in a representational capacity, then her conduct may be questionable but not a violation of the order or necessarily unprofessional.
In any case, the judge will need to get to the bottom of the facts to determine whether Habba's statement was a violation of the gag order and/or unprofessional conduct.
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