On Tuesday, Alina Habba, attorney for former President Donald Trump, retracted a conflict of interest accusation against the judge overseeing the E. Jean Carroll defamation trial. This decision came after Carroll’s lawyer warned of potential sanctions.
On Monday, Habba submitted a letter to the court referencing a New York Post article. The article stated that U.S. District Judge Lewis Kaplan and attorney Roberta Kaplan, who are not related, had both been associated with the prominent law firm Paul, Weiss, Rifkind, Wharton & Garrison during the 1990s. According to an unnamed former partner at the firm, which boasts approximately 1,000 lawyers, Lewis Kaplan had served as “like her mentor” to Roberta Kaplan.
Habba expressed her astonishment to the New York Post, deeming the situation “unbelievable and excessively intertwined.”
In a statement to the paper following the $83.3 million verdict against Trump by the jury, Habba emphasized, “We were completely unaware of this development. We intend to raise this issue in our appeal and take the necessary actions. The failure to disclose this information constitutes a breach of ethics.”
The article also featured a statement from Zak Sawyer, spokesperson for Roberta Kaplan, who clarified that while they were both employed at the same prominent law firm, their time together spanned less than two years in the early 1990s. Sawyer explained that Kaplan, now a judge, held a senior position while Habba was a junior associate, and there was no direct professional relationship between them.
In a letter penned on Monday, Habba highlighted, “If Your Honor indeed had any professional association with Ms. Kaplan, particularly in a mentorship capacity, such details should have been disclosed prior to any legal proceedings involving the concerned parties.” She insinuated that the judge might have violated the judicial code of conduct and hinted at utilizing the allegation to seek a new trial.
Habba pointed out numerous confrontations with the judge throughout the trial and prior instances, suggesting a potential correlation between these conflicts and the judge’s demeanor, rulings, and attitude toward the defense counsel.
“Without comprehensive information (or a specific factual rebuttal from Your Honor regarding any mentorship ties with Ms. Kaplan), we are unable to fully articulate our stance on the appropriate relief to seek, which may include but is not limited to pursuing new trials on matters of liability and damages. Nonetheless, it is imperative for this Court to furnish the defense counsel with all pertinent details,” Habba asserted in her letter. “We appreciate the Court’s prompt attention to this concerning issue.”
Responding in a letter to the judge on Tuesday, Roberta Kaplan dismissed the allegations as unfounded. She clarified that she commenced her tenure at the Paul, Weiss firm as a junior litigation associate in October 1992, during Lewis Kaplan’s tenure as a senior litigation partner. Lewis Kaplan was subsequently appointed to the bench by then-President Bill Clinton and confirmed by the Senate in August 1994.
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