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Donald Trump’s attorney Alina Habba claimed it would be “absurd” if the former president were jailed over social media posts and called out the prosecution’s hypocrisy.

In an interview on Fox News, she predicted such a move would make Trump like the first president of South Africa, the late Nelson Mandela, who famously spent 27 years in prison for opposing the nation’s apartheid policies.

On the second day of the criminal trial of Trump over ‘hush money’ payments to porn star Stormy Daniels, Manhattan District Attorney Alvin Bragg filed a motion to hold him in contempt of court over his social media posts. Bragg claimed the presumptive 2024 Republican nominee had violated a gag order and urged Manhattan Judge Juan Merchan to warn Trump that repeat offenses would be met “not only with additional fines, but also with a term of incarceration of up to thirty days.”

“Do you think that this threat of 30 days in jail will change the social media actions of the former president in any way? Or will he keep doing this?” Fox News host Martha MacCallum asked Habba on Tuesday’s episode of “The Story.”

“I don’t think so,” the attorney replied.

“I think that he is respectful, but there has to be boundaries and we should appeal it. It’s currently on appeal. So, there’s also a due process element to this. We have items on appeal in this case that have not yet been heard,” she added.

“Is he concerned about the possibility of it being sent to jail as a ramification?” MacCallum pressed.

“No,” Habba replied, prompting the Fox News host to ask again, “He’s not concerned about being sent to jail?”

“I don’t,” the lawyer said. “I think like anybody, he’s concerned about going to jail. But if they put him in jail for his First Amendment right, he will be like Nelson Mandela. I mean, that would be just absurd.”

Earlier in the discussion, MacCallum and Habba marveled at the hypocrisy in a gag order meant to silence Trump while witnesses in the trial have been free to post on social media and make television appearances.

Habba noted the judge’s order was “vague” and pointed out that some of the former president’s posts on social media are actually reposts of other people’s social media content.

“If the ultimate goal, Martha, is that you don’t taint the jury pool, then explain to me why it is that these witnesses are able to go on and talk about the case,” Habba said.

“This conflicted, Trump Hating Judge won’t let me respond to people that are on TV lying and spewing hate all day long,” Trump wrote in one post on Truth Social.

“He is running rough shod over my lawyers and legal team. The New York System of ‘Justice’ is being decimated by critics from all over the World. I want to speak, or at least be able to respond,” he added. “Election Interference! RIGGED, UNCONSTITUTIONAL TRIAL! Take off the Gag Order!!!”

Frieda Powers
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