Brett Kavanaugh, the US supreme court justice, will “step up” for Donald Trump and help defeat attempts to remove the former president from the ballots in Colorado and Maine for inciting an insurrection, a Trump lawyer said.
“I think it should be a slam dunk in the supreme court,” Alina Habba told Fox News on Thursday night. “I have faith in them.
“You know, people like Kavanaugh, who the president fought for, who the president went through hell to get into place, he’ll step up. Those people will step up. Not because they’re pro-Trump but because they’re pro-law, because they’re pro-fairness. And the law on this is very clear.”
This is the best summary I could come up with:
Habba’s reference to Trump “going through hell” was to a stormy confirmation during which Kavanaugh was accused of sexual assault, which he angrily denied.
“The Trump administration outsourced judicial selection efforts to [the rightwing activist] Leonard Leo and the Federalist Society, who hand-picked the current conservative majority, funded their confirmation battles, and have been rewarding them with off-the-books gifts and luxury travel ever since.
“The former president’s lawyer asking judges the Trump administration appointed to ‘step up’ to shield him from consequences is disgraceful and raises significant questions about the independence of the court.”
Michael Kagan, a law professor at the University of Nevada, Las Vegas, sounded a “legal ethics alert”, adding that if Kavanaugh “feels in any way that he owes Trump and will ‘step up’, then [Habba] should be sanctioned by the bar for saying this on TV and thus trying to prejudice a proceeding.”
Trump incited the deadly January 6 attack on Congress in 2021, an attempt to stop certification of his defeat by Joe Biden.
In a supreme court filing in the Colorado case, lawyers argued that only Congress could resolve such a dispute and that the presidency was not an office of state as defined in the 14th amendment.
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