An attorney for President Donald Trump in his federal case plans to launch a flurry of depositions in order to clear her client’s name.
Alina Habba, sitting for a radio interview with Breitbart, laid out her plans to call witnesses who may testify that the former president is innocent on 37 counts of mishandling classified documents and obstruction of justice.
“We need a fair opportunity to depose people and see what their answers are to some of the things we have questions about, like the raid and why they asked us to shut cameras off and things of that nature, so we’ll get to the bottom of it,” Habba said.
Referring to Special Counsel Jack Smith as a “Democrat activist,” Habba outlined the ways in which prejudicial bias may taint the case against Trump, something the president’s former attorneys allege has already happened during grand jury proceedings. It is believed that President Trump’s legal team will seek to have the case dismissed for prosecutorial misconduct related to the abuse of his attorney-client privileges as well as witness tampering.
Smith has been guilty of “political hit jobs” in the past, Trump claimed during a speech outside his Bedminster, New Jersey residence following his arraignment in Miami. He pointed to the prosecutor’s failed cases against former Virginia Governor Bob McDonnell and former U.S. Senator John Edwards.
Habba added that she is aware federal prosecutors are listening to everything she says, but that “there will be an explanation for everything” when asked by President Trump didn’t originally return boxes of classified documents when they were first identified by the FBI. She alluded to the Presidential Records Act and Trump’s ability to declassify documents as President, an argument her team will make in response to charges that Trump threatened national security under the 1917 Espionage Act.
“By no means was Donald Trump filling up a U-Haul, trying to scurry away [with] documents. I mean, it’s ridiculous. It’s a complete ridiculous theory, and it’s a ridiculous indictment,” she said.
As part of pre-trial discovery proceedings, Habba and her team will likely have the chance to cross-examine members of the FBI who participated in the raid on Mar-a-Lago as they seek to poke holes in the federal government’s theory. That decision rests with U.S. District Judge Aileen Cannon, a Trump appointee, who is overseeing the case.