Former White House attorney Ty Cobb said he is “almost certain” that former President Trump’s federal election case won’t be tried before the November election after the Supreme Court heard arguments Thursday.
“So, I think it benefits Trump in the sense that it’s almost certain that this case will not get tried before the election, in my view, so it benefits him in that regard,” Cobb told CNN’s Erin Burnett on “OutFront.”
“On the other hand, nothing that the justices are going to do is going to benefit his case, other than the delay,” he continued, adding the justices won’t buy Trump’s “absolute immunity argument.”
On Thursday, the Supreme Court heard nearly three hours’ worth of arguments from Trump’s lawyers about why he should be immune from criminal prosecution in a case that alleges he plotted to overturn the results of the 2020 presidential election.
Justices on the high court voiced skepticism about assertions from Trump’s team that presidential immunity could extend to an attempted coup, even though they seemed ready to offer Trump some protection from criminal prosecution.
Trump’s team is arguing that he has absolute immunity for official acts while in office, and that his immunity should apply to after he left office. His protections should cover his efforts to prevent a peaceful transfer of power after he lost the 2020 presidential election, they argue.
Justice Ketanji Brown Jackson, one of the court’s liberals, questioned whether Trump’s arguments would make the presidency a lawless office. Cobb said he thinks Jackon’s argument is a focus of other justices, too.
“I don’t think the Supreme Court is focused so much on the actual Trump indictment, as they are concerned about hamstringing for future presidents in terms of restraints on their ability to act officially without … fear of retribution by their successors,” he said.
The landmark case could create new legal battles and delay the ones Trump currently faces. A decision in the case is expected by the end of June, although special counsel Jack Smith has asked the court to move more quickly.
Tyler Mitchell