Trump attorney Alina Habba admitted on Tuesday that the ex-president and members of his family may be forced to use the Fifth Amendment to protect themselves from incrimination in New York after a judge ruled that they can be subpoenaed by Attorney General Letitia James.

During an interview on Newsmax, Habba claimed that it had been improper for state Supreme Court Judge Arthur F. Engoron to call Donald Trump a "bad guy" during a court hearing over the attorney general's right to subpoena. She also defended referring to Trump as a "protected class" in court.

Habba called the judge's ruling "incredibly frightening" but said that she has not decided if she will recommend using the Fifth Amendment for Trump and two of his children, Ivanka and Don Jr.

"We are going on all avenues against Letitia James, not just with the courts, and it has to be stopped," Habba vowed. "And people in this state should really be frightened if you're a real estate tycoon, and you have valuations of property and you happen to be on the other side of politics with Letitia James."

"I haven't made a determination on what I think is best at this point," she said of the Fifth Amendment. "Unfortunately, they put them between a rock and a hard place. But I can tell you we're appealing the decision."