Ty Cobb, who served as White House counsel under former President Trump, predicted Monday that the case involving Trump's claim of presidential immunity could be over by the end of this week.
In an interview with CNN's “Erin Burnett OutFront,” Cobb said he did not expect the Supreme Court to accept Trump's possible appeal. The former president asked the high court on Monday to stay his criminal trial for federal election subversion while he appeals a lower court ruling that he is not immune from the charges.
“This request for a stay is pretty weak,” Cobb said, referring to Trump’s court filing Monday.
“It is repetitive of their briefs below,” he continued, adding that “the arguments they presented were not only soundly rejected, but were eviscerated both during oral arguments and in opinion. I don’t think the Supreme Court will find these arguments convincing.”
An appeals court has already ruled against Trump's claim for presidential immunity, writing in a 57-page ruling: “For purposes of this criminal case, former President Trump became a Trump citizen, with all the defenses of any other criminal accused. »
The three-judge panel of the D.C. Circuit Court of Appeals continued in its unanimous opinion: “We cannot accept that the office of the President places its former occupants above the law forever. A careful assessment of these concerns leads us to conclude that there is no functional justification for immunizing former presidents from federal prosecution generally or for immunizing former President Trump from the specific charges contained in the Act. charge.
In his court filing Monday, Trump said he would soon appeal the D.C. Circuit's decision. In the meantime, however, he asked the High Court to stay the decision, which would have the effect of delaying the trial until the appeals are resolved.
Only four justices must vote to accept Trump's possible appeal. But the former president's emergency request to halt the trial will require five votes.
Whether or not the judges decide to take up the case will serve as major indication to find out when this Trump case might go to trial. Trump has long used delaying tactics to try to push his trial beyond the presidential election.
Cobb said there are many possible paths the Supreme Court could take. He predicted that the high court would either refuse to take up the case altogether or grant a delay of 24 or 48 hours, to allow Trump to appeal, and then decline to take it up.
“Personally, I don’t see them accepting this matter. Although I think it is possible that they will consider the request for suspension as a request for a certificate and suspend the case for 24-48 hours and then deny the certificate,” he said. “I think this matter might be over this week.”
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