Legal analyst Glenn Kirschner says "all bets are off" if the Supreme Court reviews former President Donald Trump's Florida case dismissal, Newsweek reported. The Trump-hating pundit believes that the conservative-majority high court will side with the former president even if a lower appeals court does not.
Trump has been battling several state and federal charges related to his supposed effort to overturn the 2020 presidential election results. The Supreme Court gave him a break when it decided 6-3 that much of his conduct fell under presidential immunity.
The former president and current GOP presidential candidate caught another break after his Florida classified documents case. In July, the case was dismissed due to U.S. District Judge Aileen Cannon's ruling that special counsel Jack Smith, who brought the charges, was not properly appointed.
Smith appealed, and Kirschner is "confident" that the U.S. Court of Appeals for the 11th Circuit will overturn Cannon's ruling. However, he had little faith that the Supreme Court would back that decision as he railed against the justices.
Kirschner believes the appeals court could undo Cannon's move to nullify Smith's case against Trump. "Maybe they will even sua sponte, on their own, say, now that we've reversed the case and reinstated the prosecution against Donald Trump, we are directing that it be assigned to a different judge, not Judge Cannon," he speculated.
"That wouldn't surprise me either," Kirschner added. However, the NBC News and MSNBC contributor said that would change if the appeal reached the high court.
He could not hide his severe bias against the former president and the Trump-appointed Justices Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh. "We know that all bets are off when it comes to what that radical right-wing six-justice block of the Supreme Court will do to try to continue to help Donald Trump," Kirschner claimed.
Once that was out of his system, Kirschner conceded there was a chance that the dismissal could be overturned and that decision upheld upon review. "Every other judge who has decided this issue has ruled that special counsel, independent prosecutors, are lawful and constitutional and we've been using special counsel in one form or another since the 1800s," Kirschner told Newsweek the next day.
"So, to upend all of that would be surprising, though the Supreme Court upended other things in surprising ways recently," Kirschner said. He added that since "Judge Cannon basically ignored or tried to dance her way around that Supreme Court ruling," her ruling might not survive a Supreme Court review regardless.
Kirschner seems committed to the idea that Trump could still face prosecution over the classified documents case. He and others who spend their lives on a crusade against Trump are still holding out hope that they can punish the former president in some way.
Unfortunately for them, Trump has seemed to evade nearly every lawfare attack. Even in his so-called "hush money" case in New York, where he was convicted of 34 felony counts, Trump will not be sentenced before the 2024 election, CNN reported last month.
Judge Juan Merchan, who oversaw the case, said he was trying to avoid the appearance of election interference. Per Trump's legal team's request, the sentencing hearing will now take place on Nov. 26.
"Adjourning decision on the motion and sentencing, if such is required, should dispel any suggestion that the Court will have issued any decision or imposed sentence either to give an advantage to, or to create a disadvantage for, any political party and or any candidate for any office," Merchan wrote in his ruling. Although this was indeed the right decision, it has defanged the leftists' attempt to sway the race.
It's possible that Cannon's decision to dismiss will eventually be overturned, but it won't matter by then. Trump is clear until Election Day, and the American people will decide his fate rather than the courts, a fact that surely outrages enemies like Kuschner.
