Alina Habba, a lawyer for former President Donald Trump, blasted special prosecutor Jack Smith during a Wednesday Fox Business interview for his urgency in asking the U.S. Supreme Court to rule on an immunity appeal from Trump.

Smith asked for an expedited ruling on Trump's claims that he had immunity from prosecution on charges he tried to overturn the 2020 election because his actions were part of his official duties.

Trump also claimed that double jeopardy applies to the charges against him because the Senate acquitted him during an impeachment trial in 2020.

Smith said that these issues had not been ruled on before and would likely end up at the Supreme Court. An expedited ruling, if it goes Smith's way, would keep the trial schedule fairly intact with as few delays as possible.

"Real sense of urgency"

The Supreme Court has ordered Trump to respond by December 20 and will then decide if it will take the case.

A ruling that doesn't go Smith's way and rules that Trump did have immunity or that double jeopardy does apply could end Smith's case altogether.

Habba said she believes the court agreed to hear a response because it agrees with Trump's position.

“There is some sort of real sense of urgency,” Habba told Larry Kudlow. “The only urgency that I can see is that there is an election in November 2024 and they can’t beat him.”

"It is election interference at its finest," she continued. "They can’t beat him in the in the ballots. So they’re going to have to either, you know, lie, cheat, steal, or the newest is lawfare, put him in jail, tie him up. And you have to remember, in these criminal trials, he has to sit there. He has to be there every single day."

I have "faith in the Supreme Court"

Habba said that both of the court's possible reasonings on its decision show that it agrees with Trump's position.

"You can either interpret it as they want a quick response because it’s a non-issue and they’re not going to take it up, or they want a quick response because this needs to be shut down because there are so many other cases where they’re trying to do this," she said.

"You know, I don’t know what’s going on in their minds, but I do have faith in the Supreme Court," she added. "I think that those justices are, really take their their office seriously. And we’ve seen that time and time again with them, especially recently."

If the Supreme Court doesn't take up the case, it will go to the appeals court where it could languish for months and cause the trial to be delayed until after the 2024 election.

If the court does take the case, we will just have to see what happens with its ruling.