MSNBC’s “Morning Joe” host, Joe Scarborough, slighted all circuit courts outside of liberal Washington, D.C., in a discussion Wednesday morning.
Former U.S. Attorney Chuck Rosenberg said Jack Smith’s trial date March 4 could still stick, arguing that Smith’s case is “straightforward” and a simpler case to prepare for trial.
“I think it’s a relatively easy case for the D.C. Circuit to decide, the loser, Mr. Trump, in this case, may well ask the entire panel to hear it, en banc, I think that will be denied,” Rosenberg said.
“And I’m not sure the Supreme Court even takes this case at this moment in time. So if those things happen you could have the case back on track quickly. I don’t think the March 4 trial date is doomed. It is endangered, it might get pushed back a few weeks, a few months, but you could have a trial in this case I believe in late spring, early summer, well ahead of the election if those ‘ifs’ line up,” Rosenberg argued.
Scarborough then turned to lawyer George Conway to ask whether he thinks Rosenberg’s argument makes sense. (RELATED: Trump Moves To Hold Jack Smith In Contempt Of Court)
“George, where does this end? Do you think as Chuck believes, that this argument is so preposterous that Donald Trump’s lawyers aren’t going to be able to delay by getting the entire D.C. Circuit to listen, getting the Supreme Court to mull over it. Is this something they just sort of brush away again because it’s such a laughable argument, and also, it’s the D.C. circuit, this isn’t some random circuit out in flyover space?” Scarborough asked, laughing.
Conway said the March 4 date could “stick” and that the D.C. Circuit will likely have a decision within a week. Conway also said there’s a “good chance” the Supreme Court won’t take it.
Smith alleges Trump tried to overturn the election and that Trump perpetrated a “conspiracy to corruptly obstruct and impede the January 6 congressional proceeding at which the collected results of the presidential election are counted and certified.” Smith has tried to keep his schedule on track as former President Donald Trump has appealed Judge Tanya Chutkan’s refusal to dismiss his case based on his argument of presidential immunity.
The Supreme Court refused to take up Smith’s request for expedited review in the case, with Smith asking the court to skip over the lower court who is next in line to consider the question.
The Supreme Court accepted a case in December that challenges the scope of an obstruction law used to charge hundreds of Jan. 6 defendants, along with Trump.