Alina Habba says Trump is in 'good spirits' amid hush money trial and teases he may testify himself as case drags into fifth week

Donald Trump's lawyer Alina Habba on Monday claimed the former president wants to testify in the hush money trial, but she did not commit to him taking the stand under oath.

Habba, who represented Trump in his civil fraud case and has been at the Manhattan criminal court for the trial, appeared on Fox News where she was asked about whether the ex-president would testify or not.

'Well he's got to listen to his attorneys,' Habba said. 'It's not as much what he wants to do.'

'We know he wants to testify. He is willing, he is able... nothing to hide at all,' Habba claimed. 'He's absolutely ready to tell the truth.'

Trump attorney Alina Habba appearing on Fox News where she claimed Trump 'wants to testify' but will 'listen to his attorneys'

On Monday afternoon, the prosecution rested its case after nearly five weeks of testimony, and Trump's defense team began calling its witnesses to the stand. 

Trump's defense attorney Todd Blanche refused last week to eliminate the possibility of Trump testifying in his own defense,.

But on Monday Blanche indicated the defense would rest its case very quickly, signaling Trump would not be called to testify.

Habba claimed on Fox News that the ex-president's possible testimony would be quick 'because he had no part in this.'

But taking the stand would open Trump up to cross-examination where prosecutors could delve into his other legal cases and ask the ex-president questions about his alleged affair with porn star Stormy Daniels. 

Ex-President Donald Trump in the Manhattan criminal court on May 20

Attorney Alina Habba returning to the courtroom from a short break in Trump's hush money case on May 20, 2024

A sketch of Trump in court on May 20 as prosecutor Susan Hoffinger questioned witness Michael Cohen in the hush money trial during redirect

Trump is facing 34 charges of falsifying business records. 

Prosecutors argue he was trying to cover up an $130,000 payment to Daniels to keep her quiet before the 2016 presidential election about their sexual encounter a decade earlier while Trump was married. 

The ex-president has sent mixed messages about whether he would take the stand in his own defense. 

Last month Trump told reporters 'absolutely' he would testify, but he later backtracked and even falsely claimed he is not allowed to testify. 

In recent days he was not said publicly whether he still wanted to testify on his own behalf and has ignored shouted questions from reporters at the courthouse asking him about whether he plans to testify.

Habba blasted Judge Juan Merchan and the prosecution team in the case. When asked how Trump is doing, she said the biggest frustration for the ex-president is the gag order which limits what he can say about witnesses.

She noted that he does speak before reporters in the courthouse but is limited on what he could say and he cannot respond to witnesses speaking out. 

She also argued he is being selectively persecuted and stuck in court every day when he should be on the campaign trail.

'It's unfair,' Habba said 'He's actually in very good spirits despite all of that.'

Habba also said the defense team did a 'pretty good job' when it came to poking holes in key witness Michael Cohen's testimony in the case.

Cohen's testimony wrapped up on Monday after more than three days of grueling testimony.