As Trump's legal team prepares to begin presenting its case this morning, defense attorney Alina Habba says responsibility for the financial statements that the New York attorney general says are fraudulent lies with Trump's external accounting firm.

Previewing the defense's case during an appearance on Fox's Sunday Morning Futures with Maria Bartiromo, Habba also said the banks that loaned money to the Trump Organization were responsible for conducting their own due diligence regarding Trump's financial statements.

The state rested its case last week in the sixth week of the trial. The defense has said they expect their case to wrap up by Dec. 15.

Habba also suggested that Donald Trump plans to file a motion seeking a mistrial.

While Habba declined to comment on alleged misconduct by Judge Arthur Engoron's clerk -- which she is prohibited from doing due to the limited gag order handed down by the judge -- she said the issue would be addressed in their mistrial motion "very soon."

"I actually can't tell you why, because I am gagged. I can tell you that we will be filing papers to address all of those issues," Habba said.

However, Habba downplayed the chance the motion would be favorably decided Engoron.

"The problem we have is the judge is the one who is going to make those decisions, and he has proven himself to be quite motivated by the other side," Habba said.

In response to Rep. Elise Stefanik's letter of complaint against Judge Engoron that she filed Friday with the New York State Commission on Judicial Conduct, a spokesperson for New York State Office of Court Administration has issued a statement.

"Judge Engoron's actions and rulings in this matter are all part of the public record and speak for themselves," said Office of Court Administration communications director Al Baker. "It is inappropriate to comment further."

Rep. Elise Stefanik of New York has filed a judicial complaint against Judge Arthur Engoron.

The letter, addressed to the New York State Commission on Judicial Conduct, largely concerns the judge's rulings in the case and his public statements, and is unlikely to impact the proceedings of the trial.

"Judge Engoron's bizarre and biased behavior is making New York's judicial system a laughingstock," Stefanik, a staunch Trump supporter, wrote.

The lengthy letter echoes some of Trump's attacks on the trial, criticizing Engoron's limited gag order in the case, the actions of his legal clerk, his summary judgment ruling, and his comments during Trump's testimony this week.

"Simply put, Judge Engoron has displayed a clear judicial bias against the defendant throughout the case, breaking several rules in the New York Code of Judicial Conduct," Stefanik wrote.

Court has adjourned for the day, with the trial scheduled to resume Monday for the start of the defense's case.

The court will be closed Friday in observation of Veterans Day.

Donald Trump Jr. will return to the witness stand to testify as the defense's first witness on Monday, assuming the judge does not rule in favor of Trump's motion for a directed verdict to end the case early.