Trump Lawyer Has a Not So Subtle Warning for Brett Kavanaugh
Alina Habba is sending a signal to Supreme Court Justice Brett Kavanaugh, as Trump’s legal troubles begin to pile up.
Donald Trump’s lawyer Alina Habba appeared to suggest that certain Supreme Court justices owe her former boss for their jobs and should therefore rule in his favor.
Habba, who seems to have a habit of saying things that are bad for the legitimacy of Trump’s case, appeared on Fox News Thursday night to discuss Trump being disqualified from the Colorado and Maine 2024 primary ballots. Trump has appealed the Maine decision, an indication he intends to take the case to the Supreme Court if necessary.
“I think it should be a slam dunk in the Supreme Court. I have faith in them,” Habba told host Sean Hannity. “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.”
Habba was referring specifically to Justice Brett Kavanaugh, whose confirmation hearing was rocked by multiple sexual assault allegations. After a lengthy process, made especially painful by coming so soon after the #MeToo movement began, Kavanaugh was confirmed to the court. Trump did not actually do anything to help Kavanaugh except complain a lot on X, formerly Twitter.
As for Habba’s claim that the “law on this is very clear,” it actually isn’t. That’s why the Supreme Court might need to weigh in on the issue of Trump’s eligibility.
Trump was disqualified from the primary ballots in Colorado and Maine after the Colorado Supreme Court and Maine secretary of state determined in December that he had engaged in insurrection and was therefore constitutionally ineligible to run for president.
Dozens of similar cases are either ongoing or already decided in other states—and some of the outcomes have been the complete opposite. The secretaries of state in Michigan, Minnesota, and California have all determined that Trump will remain on their presidential ballots.
Multiple legal scholars have urged the justices to resolve the issue and provide a single rule for all states, instead of having a messy mix of some state ballots with Trump’s name and some without. It’s unclear how the Supreme Court will rule, though. Many of the justices, including some appointed by Trump, are hardline textualists and could actually rule that the Fourteenth Amendment applies to Trump, disqualifying him.