Alina Habba, an attorney for former President Donald Trump, said on Sunday that she would ask the court to accept her filing of a mistrial in the former president's case.
The attorney is representing Trump in his fraud case in New York and asserted that she was concerned that the same judge presiding over the trial would be deciding the motion, as The Hill reported.
Trump, who is facing trials in multiple jurisdictions, has voiced concerns on a number of occasions about the judge in his case, as well as the judge's principal clerk.
According to Trump, both the judge, Justice Arthur Engoron, and the clerk are likely biased and motivated by politics.
Engoron previously issued a gag order several weeks ago that banned Trump and other parties in the case from making comments, social media posts or otherwise speaking publically about members of his staff.
To follow up on that rule and put teeth to the judge's order Trump was fined $10,000 for a violation of the instructions.
When he was asked on Fox News’s “Sunday Morning Futures” about his thoughts on the judge and his clerk, Habba said that the gag order prevented her from responding.
“I can tell you that we will be filing papers to address all of those issues,” Habba said.
When pressed further if she intended to file for a mistrail, Habba said she would do so “soon,” and reiterated it saying it would be "very soon."
“The problem is, with all of these things, such as filing a motion for recusal, which we have done twice, is that the judge has to be the one that decides: Is he going to recuse himself? Does he feel that there was a mistrial,” Habba said.
“It’s a bench trial. We have one judge. And it’s the same judge that issued the gag order that has to make those determinations.
"So, at this point, I don’t have any reason to believe he shouldn’t after what we have learned, if it’s true,” Habba continued.
On Monday, the defense is expected to commence with their case in New York, where Trump is facing a $250 million lawsuit filed by New York Attorney General Letitia James (D) regarding alleged fraudulent activities spanning over a decade.
The lawsuit, which is directed at Trump, the Trump Organization, and Trump's two adult sons, asserts that the former president's company engaged in fraudulent asset valuation, as well as inflation and deflation of said assets in order to obtain greater insurance coverage and lower taxes. The former first sons have refuted the allegations.