In a recent development, attorney Alina Habba, the legal counsel for former U.S. President Donald Trump, has bounced between two contradictory standpoints, calling upon the Supreme Court to expedite its intervention while simultaneously urging it to delay any interference in Trump Prosecutions. This news was reported on the legal news platform, Above the Law.
While defending her client on Fox Business channel with Larry Kudlow, Habba voiced that the Supreme Court must swiftly address the matter of the former president being indicted. “We need the Supreme Court to step in and stop this,” she insisted, describing the situation as “complete mayhem”.
Ironically, Habba began her interview claiming that the government’s move to seek quick SCOTUS review was in reaction to Trump’s strong polling numbers, managing to divert from the subject of presidential immunity. This is a topic that might be sensitive for Habba, considering that the Second Circuit ruled her delay in raising it for three consecutive years in the E. Jean Carroll defamation case amounted to waiver of issue.
Adding to the complex dynamic of the case and her stance, Habba seems to have missed the memo from Trump, wherein he stated that the Supreme Court review was not the objective. This memo emphasized his belief in the concept of “Presidential Immunity”, a doctrine he believes should be “automatic” in the United States.
The situation is set to evolve quickly with the Supreme Court having granted Trump eight days to clarify why it shouldn’t award certiorari prior to judgment and resolve the immunity issue with immediate effect. Meanwhile, the DC Circuit has outlined a tough briefing schedule to conclude by January 2. Only time will tell if Habba’s appeal for both intervention and non-interference can achieve a favourable outcome for her client.