Former President Trump’s attorney Alina Habba said Sunday that she will be filing for a mistrial in the former president’s fraud cause in New York “soon,” while raising concerns that it will be the same trial judge deciding on the motion. 

Trump has repeatedly expressed concerns on both social media and in court about the judge presiding over the case, along with the judge’s principal clerk, claiming they are biased and motivated by politics. 

Judge Arthur Engoron issued a gag order last month barring Trump and other parties in the case from posting or speaking publicly about members of his staff. Last month, Engoron fined Trump $10,000 for violating the gag order. 

Asked on Fox News’s “Sunday Morning Futures” about Trump’s concerns over the judge and clerk, Habba said the gag order prevented her from responding.

“I can tell you that we will be filing papers to address all of those issues,” Habba said. 

When asked if she will file for a mistrial, Habba said “soon,” and then “very soon.”

“The problem is, with all of these things, such as filing a motion for recusal, which we have done twice, is that the judge has to be the one that decides: Is he going to recuse himself? Does he feel that there was a mistrial,” Habba said.

“It’s a bench trial. We have one judge. And it’s the same judge that issued the gag order that has to make those determinations. So, at this point, I don’t have any reason to believe he shouldn’t after what we have learned, if it’s true,” Habba continued.

Trump’s defense is slated to begin presenting its case Monday in New York, where Trump faces a $250 million lawsuit from New York Attorney General Letitia James (D) over more than a decade of alleged fraud. 

The lawsuit — against Trump, the Trump organization and Trump’s two adult sons — alleges the former president’s company sought lower taxes and better insurance coverage by falsely inflating and deflating the value of its assets. Trump and his sons have denied the claims.