I am beginning to doubt not just Rudy’s judgment and temperament, but also his integrity.
If SCOTUS overturns the Third Circuit, the only result is that DJT will have to go back to trial court and amend his complaint a second time.
SCOTUS is not going to hear new testimony. It only reviews the record on appeal, and overturns a decision if it finds error in the lower court. SCOTUS is the SUPREME COURT of the land. It is not a trial court (there are exceptions, but none apply here).
Rudy knows this.
BTW, I have my doubts about Bannon. I tend to believe the allegations that he pocketed donations for the Wall by creating shell corporations. If DJT fired Bannon, then he had cause.
But do not misunderstand, in SCOTUS oral arguments, Justices have complete scope to 'address' evidence presented to the lower court (from whence SCOTUS accepted cert), and can even orally examine amicus, which often by necessity at least present novel or de novo argument which may or may not have been heard at the lower court. New arguments require ... evidence.
That's the beauty of cert - many people think of cert as mostly rejection but that's not the case, just the numbers. Cert is so often exercised simple when it offer an easy glide path for the expected majority, ie, with the constitutional objection firmly established (originalists) or the chance to litigate and legislate from the bar (Roberts and the Squat re: Obamacare), then the Justices are much freer to entertain "expanded" oral argument about how the "evidence" does or does not sustain the underlying constitutional argument.
For instance, the minority in Bush v Gore -- after suddenly discovering state's rights after decades of wiping their azz with the 10th Amendment, including the very late RBG -- wanted to send the case back to FL Supreme Court with instructions to carry out a state-wide recount (which unsurprisingly might have given the state to Gore). Their effort was molded from the idea that the 10A argument could be satisfied if ("evidentiary" in air quotes) concerns about the recounting were removed and some ersatz standard were adhered/ginned up/hewed out of thin air.
Go to 26:00 and 1:06:00 of Bush v Gore oral argument and enjoy the 'evidentiary' discussions about hanging chads and even No. 2 pencils!