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.
