Former Trump White House lawyer Ty Cobb dismissed his ex-boss’ immunity arguments as “pretty weak” and predicted that the case could be over this week after the former president filed an appeal with the Supreme Court on Monday.
The three-judge panel of the D.C. Court of Appeals unanimously rejected Trump’s claims of presidential immunity last week. The judges wrote in the ruling that such a claim would place former president above the law which “would collapse our system of separated powers by placing the President beyond the reach of all three branches.”
“This petition for a stay is pretty weak,” Cobb told CNN’s Erin Burnett of Trump’s filing. “It’s repetitive of their briefs below which, the arguments that they presented were not only soundly rejected, but you know, eviscerated both in oral argument and in the opinion. I don’t think the Supreme Court is going to find those arguments compelling in any way. “
Trump’s lawyer asked the high court on Monday to stay the circuit court’s ruling while they appeal.
“Without immunity from criminal prosecution, the Presidency as we know it will cease to exist,” lawyers D. John Sauer and John Lauro wrote in the ruling.
Five justices are needed to approve Trump’s emergency request to pause his trial proceedings.
Cobb predicted that the Supreme Court would either decline to take up the case outright or issue a 24- or 48-hour delay, to allow Trump to appeal, and then decline to take the case. This would leave the circuit court’s ruling in place.
“I personally don’t see them taking this case,” Cobb said. Although I do think it’s a possibility they could consider the stay petition as a petition for cert and stay the case for 24 to 48 hours and then deny cert,” he said. “I think this case could be over this week.”
