Rick Hasen: “Trump or his lawyers must have calculated that a technical argument would be more appealing to the conservative majority than his other ones, such as an argument that Trump had the constitutional right to encourage his supporters to invade the Capitol. Deciding matters on a technicality would allow the Supreme Court to hide behind legal jargon and avoid weighing in on Trump’s conduct. And it would allow Trump to claim a victory (I can imagine him crowing about a ‘complete and total vindication’) that would shut down disqualification efforts across the country and that could inure to his political benefit.”
“Further, Trump’s lawyer probably does not want to get up in front of the justices at oral argument and parse Trump’s comments made in the speech before the Capitol invasion about why his supporters need to ‘fight like hell.’”
