This is a rather cute little tweet, made by Trump’s spokesperson and thus blessed by Trump:

Regardless of today’s decision by the the appeals court, this case was always destined for the Supreme Court. President Trump’s duty to defend the Constitution and the Office of the Presidency continues, and he will keep fighting for every American and every future Administration

— Liz Harrington (@realLizUSA) December 9, 2021

As I wrote in my Substack column coming out later today, there is a great deal of arrogance, entitlement, naivety, or desperation in that tweet. It was not “always” headed to the Supreme Court. Indeed, there are a lot of reasons for the Supreme Court to deny “cert” (legalese, the SCOTUS doesn’t need to hear anything it doesn’t want to hear). There is certainly one vote to hear the case, Justice Thomas’s wife was up to her eyeballs in both the Trump administration and getting people to the rally. Alito will probably want to give Trump some cover.

It takes four. Maybe Kavanaugh still owes someone a favor, but if he’s just going to be one of three, there’s no point. Amy Coney-Barrett knows that her appointment was ridiculously political and is probably looking for a reason to sound non-political. And the Chief is definitely tired of hearing that his court is the most political ever.

Additionally, there are now two court rulings that didn’t even find it close and that was the subject this morning on Morning Joe:

“It’s not just black and white. With that said, John, this three-judge opinion by the D.C. Circuit was about as black and white — I mean everything I have ever said about — you just don’t get a slam dunk through the legal system. It’s just wrong, the words were so historic.”

And Joe wasn’t done;

“There is direct link with linkage between the president and the events of that day, unanimous three-judge opinion in the D.C. Circuit. That’s very compelling as the lawyers trying to figure out what to do next.”

John Heilmann agreed.

“Very compelling and, in some ways, it rhymes with common sense, right? You don’t have to be a lawyer to figure out claims of the president to executive privilege now that he’s no longer president are absurd.”

Here’s that little tweet again:

Regardless of today’s decision by the the appeals court, this case was always destined for the Supreme Court. President Trump’s duty to defend the Constitution and the Office of the Presidency continues, and he will keep fighting for every American and every future Administration

— Liz Harrington (@realLizUSA) December 9, 2021

Just gets cuter, doesn’t it? The Trump camp hopes so badly. And even though it is tough to predict the SCOTUS’s actions, this one seems pretty straightforward.

"When you look at what the court says, Donald Trump is absolutely skewered and the claim of executive privilege is just tossed aside with utter contempt unanimously by the three-judge panel for the D.C. Circuit." —@joenbc pic.twitter.com/LYfmVuBC4h

— Morning Joe (@Morning_Joe) December 10, 2021

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[email protected] and on Substack: Much Ado About Everything.

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