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Former president Donald Trump’s lawyer implied that Supreme Court Justice Brett Kavanaugh should overturn efforts to keep Mr Trump off the ballot as a favour for the former president supporting him during his confirmation process.
Alina Habba, Mr Trump’s attorney, spoke on Sean Hannity’s Fox News show on Thursday evening to explain how Mr Trump’s legal team formally asked that the Supreme Court overturn a ruling from the Colorado Supreme Court that found him constitutionally ineligible to appear on the ballot this year.
“I think it should be a slam dunk in the Supreme Court,” Ms Habba said. “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.”
Mr Trump nominated Mr Kavanaugh to the Supreme Court in 2018 and continued to support him even as he faced accusations during of sexual assault, which Mr Kavanaugh vehemently denied.
In addition, Mr Trump attacked Christine Blasey Ford, who accused Mr Kavanaugh of sexual assault when she and Ms Ford were teenagers.
“I have no doubt that, if the attack on Dr Ford was as bad as she says, charges would have been immediately filed with local Law Enforcement Authorities by either her or her loving parents. I ask that she bring those filings forward so that we can learn date, time, and place!” Mr Trump said in 2018.
Mr Trump, who also faced numerous sexual assault allegations during the 2016 presidential campaign, defended Mr Kavanaugh at a rally at the time.
“And a man’s life is in tatters, a man’s life is shattered, his wife is shattered, his daughters, who are beautiful and incredible young kids” Mr Trump said in 2018. “They destroy people. They want to destroy people.”
In December, the Colorado Supreme Court determined that Mr Trump was ineligible to appear on the ballot because Section 3 of the 14th Amendment of the US Constitution prohibits anyone who “engaged in insurrection or rebellion” from holding public office.
The court claimed that Mr Trump engaged in an insurrection when he incited and fomented a riot at the US Capitol on January 6.
Following her appearance, Ms Habba was slammed for her remarks, which were described as “bonkers” and “unprofessional”.
“Alina Habba saying the quid pro quo part out loud here,” wrote MSNBC legal analyst Katie Phang.
CNN host Phil Mattingly also chimed in. “If a Democrat said that about the Justice Department or Merrick Garland or fill-in-the-blank here, there would be an absolute implosion. That’s bonkers,” he said.
“She’s saying the quiet part out loud,” added CNN panelist Jon Avlon. “She’s saying that Brett Kavanaugh will step up and side with the president because he appointed him. That goes against every basic idea of law and independence of the judiciary. And frankly, it puts Kavanaugh in a bit of a box.”
“Yet another example of Habba demonstrating how unprofessional she is as an attorney,” national security lawyer Mark Zaid added.