'Trump will fall short' in latest attempt to freeze Jan. 6 case: expert
February 13, 2024
Donald Trump's lawyers have asked the U.S. Supreme Court to freeze the proceedings in his federal election subversion case, but MSNBC's Lisa Rubin explained why they're unlikely to grant that request.
The ex-president's lawyers asked the high court to temporarily halt the ruling that denied his immunity claims until the justices issue their own decision on the matter, but Rubin told "Morning Joe" she doesn't believe the case will be paused.
"Trump wants a stay from the Supreme Court, which would mean not letting the case go back to Judge [Tanya] Chutkan for pretrial proceedings and preparation for a trial that would take at least several more weeks," Rubin said. "My inclination is that is not going to happen for a couple of reasons. One, in order to get a stay from the Supreme Court, you have to make a very specific showing. You have to show that you have a likelihood of winning your appeal and you have to show you'd be irreparably harmed by the case going forward."
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"In both cases, I think Trump will fall short of the five votes that he will need to get a stay," she added. "It's ordinary Supreme Court math that you need four justices to grant review but five justices to grant a stay. It's hard for me to see how he gets that, particularly given my review of this petition."
The timeline for that decision is murky, however.
"This is a Supreme Court that can move with all deliberate speed when it chooses to," Rubin said. "The time between the Florida Supreme Court decision in Bush v. Gore and the United States Supreme Court decision is four days, and that includes briefing and oral argument. On the other hand, this Supreme Court could hold onto this case for some time. They could grant a stay, for example, and then ask for briefing on a cert petition, taking weeks and weeks, schedule oral argument far out, perhaps even beyond June. I don't think that's going to happen, but the timing here is entirely in the Supreme Court's hands."
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