Trump attorney Alina Habba shut down Don Lemon after the CNN host defended Manhattan District Attorney Alvin Bragg during an interview on CNN This Morning. Trump will be arraigned tomorrow on 30-34 counts.
Habba turned the tables on Lemon reminding him that someone in the DA’s office leaked the number of counts in Trump’s indictment to the media. This is a major violation of legal and professional ethics.
It may be a crime, Habba thinks it could be a felony, but as the number of counts would be released to the public with the indictment, leaking them is most likely not a felony offense.
But Bragg does have some exposure here.
If the leak violated the defendant’s right to a fair trial, it could lead to legal action against the Manhattan District Attorney’s office or the individual leaker.
Bragg’s legal exposure will depend on the circumstances of the case and the laws of the jurisdiction.
The circumstances are a problem for Bragg. Here is the timeline.
The indictment leaked. No one cares about Stormy Daniels or if Trump paid her.
Trump looked like a sympathetic figure, Bragg looked like a bully.
The number of counts leaked. (Prosecutors can charge the same thing 30 different ways if they want but people don’t know that.)
Trump looked like a guilty villain.
Bragg looked like the good guy who had to make this unprecedented move because ‘you can’t turn a blind eye on 30 counts.’
Did the leak smear Trump or hurt his ability to get a fair trial?
Habba said: “Let’s remember that the real crime here that we have is that DA Bragg did leak that there were 30 to 34 counts.
“We already know that that in itself is a felony. You are not to let that go. So at this point, I like everybody in this country to be treated the same no matter what we do.”
“We don’t know if the DA leaked that information,” Lemon responded. “That is speculation.”
“Well, it’s not speculation,” Habba said. “We don’t have the information, so it came from their office.”