With Donald Trump's lawyers expected to file an appeal to the Supreme Court by Tuesday asking for a stay of a lower court's ruling that he should not be afforded presidential immunity for crimes committed while in office, former DOJ official Mary McCord predicted doom for his bid.
During an appearance on MSNBC's "The Weekend," McCord told the hosts that she could see the court denying Trump's appeal outright, setting the stage for Judge Tanya Chutkan to proceed with her Jan. 6 trial as soon as possible.
Speaking with the MSNBC hosts, McCord explained that the lower court's ruling is ironclad and that may prompt the court to skip reviewing it and deal with more important matters.
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Asked about Trump filing an appeal, McCord first joked, "His lawyers have been pretty busy this past weekend and probably haven't gotten it written yet."
"The Supreme Court could grant cert just based on the motion — they did that in Bush v. Gore. Or they could grant the stay and give him a deadline to file his petition, two weeks or something like that, something shorter than normal. Or they could deny the stay," she explained.
"I do think it's entirely possible they will deny this stay and deny cert even when a petition comes because it was unanimous, ruling, it covered all the bases," she elaborated. "They don't have to agree with every point made by the [Appeals Court] judges to affirm. If they think that there is not -- they think that the ultimate conclusion was correct, even if there are bits and pieces that are not weight-bearing in that opinion that they don't agree with — they don't have to take it just to correct those."
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