I well remember in law school that there were times somebody would try out an argument and the professor would listen patiently and say, “That’s a pretty good social argument. But it’s not a legal argument.” Social arguments are all that Alina Habba does. And with good reason. She’s a performance artist with a law degree and a bar card, not any kind of a decent lawyer. Many lawyers with impressive credentials have pronounced that verdict upon her, it’s not just my opinion.

But listening to this tirade on Newsmax, every time she opened her mouth and made a point I thought, “No, that’s not how it works. Such and such is how it works.” And we can parse through her diatribe sentence by sentence, if you like. But what she says here is not legal, it’s just bullshit that sounds legal. A bit like those comedians who sound like they’re speaking a foreign language, but what they’re really doing is making sounds that sound like the language? If you want an example, screen Dr. Strangelove. Where they seem to be speaking Russian, they’re not. I asked a Russian friend to translate and that’s what he told me, it “just sounds like Russian,” like this sounds like law. Utter gibberish, in other words. But hey, maybe Habba will get an Emmy for the performance, who knows?

Habba is full of it when she says, “You are not allowed to be told you can’t bring it up.” The hell. There are things called Motions in Limine, and the purpose of them is to exclude evidence that is more prejudicial than probative. If you start soliloquizing about a fact not in evidence, the judge will shut you down.

But the reality of how the law actually works is not what’s at issue here. A dramatic performance to prove that Donald Trump is the victim of the Forces Of Evil is the point of this diatribe. That’s what Habba got paid $2M last year for. I hope she saved it and invested it well, she may not be getting a lot of legal work after this fiasco. At least not high powered legal work.

Here’s the same event as broadcast on CNN. Pure theatrics. She talks about “dresses” and “DNA” and “witnesses.” Those issues may have been germane in the underlying case, the rape case, but they have nothing to do with this one. This is the defamation case.

If you want to see Habba’s campaign infomercial on all the “Americans proud to run to the ballot box,” so Trump can change the justice system when he’s dictator, here it is. Pour a drink first is my best advice.

She’s doing an acting job. This is not lawyering. This is demagoguing. But she seems to be quite well paid and what the hey. Money is everything to some people. Personally, I would rather have less money and the respect of my peers and go down in the history books on the right side, but that’s me and my moral compass. Habba steps to the beat of a different drummer.

And she makes a compelling argument to the ignorant and the unteachable. To anybody who takes a few minutes to have these issues explained in plain English, she falls totally flat.

Evidently Trump thinks that MAGA alone can restore him to the White House. Wrong. He needs to win back those Republicans who voted for him in 2016 but not 2020. I don’t think this is going to do it. In fact, I think this is going to nail his coffin shut.

 

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8 COMMENTS

  1. Her ‘faking smart’ is still not convincing me – or anyone else for that matter, judging by verdicts rendered today.

    Maybe she should take time out and study up on what ‘being smart’ actually is.

    But she won’t, she’s not smart enough.

    17
  2. At least, unlike Dr. Strangelove, she controlled her nazi salute, until she went out to condemn the justice system because it held an admitted ‘pussy grabber’, an accused rapist of a 13 year old and his ex wife, and an accused serial assaulter of 26 women. What a miscarriage of justice! He should be in jail as a pedophile rapist. Oh well…at least he’s been tarred and feathered by one of his victims. FINALLY!!!!

    15
  3. Alina Habba continued the big lie that Trump was not allowed to defend himself against the charge of sexual assault. She doesn’t know much, but she knows why those arguments were disallowed…the matter is moot because it had been adjudicated and was no longer relevant. This case was about Trump’s flapping gums and Habba was being paid to flap her gums right along with him! She will be proud to collect her fees before the enforcers come for Trump’s assets!

    12
  4. I’m not a lawyer. Nor do I play one on TV like Habba does. However even I’ve known for decades that in legal proceedings including and especially in court their are rules about evidence. What will be allowed and what will not be allowed. That’s the judge’s job to sort out – what under the law and the rules in their jurisdiction dictate. Sometimes they get something wrong. Or something doesn’t fit neatly into existing case law/precedent and no pun intended the judge has to make a judgement call. Usually without the benefit of days or weeks and law clerks to do research far and wide. That’s why there’s an appellate system.

    That Trump will appeal is as predictable as I’ll breathe or blink my eyes every few seconds. Or that my heart will keep beating. (I sure as hell hope so!) Trump appealing any legal ruling he doesn’t like is like a natural body function for him. Only in his case the bodily function is shitting. Look at all the appeals he’s lost in recent years. It’s because they are legal shit. His case was handled by an experienced and highly respected federal judge. I’d be shocked if there’s anything Team Trump can come up with that will prompt serious consideration from appellate judges. Laughter, followed by calling up friends (especially that teach law) saying “You’re not gonna believe THIS shit” is far more likely.

    12
  5. Did anyone pick-up on the “drug addict” comment? Is she going to go down the same rabbit hole as Rudy and end up in the Making Attorneys Get Attorneys club?

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