Ty Cobb, a former White House lawyer under former President Donald Trump, predicted Monday that the lawsuit over Trump’s presidential immunity claim could be concluded by the end of this week.
In an interview on CNN’s “Erin Burnett Outfront,” Cobb said he did not expect the Supreme Court to ultimately accept Trump’s appeal. The former president asked the high court Monday to put his federal election-subversion criminal trial on hold while he appeals a lower court’s ruling that he is not immune.
“This petition for a stay is pretty weak,” Cobb said, referring to President Trump’s court filing on Monday.
“This is a repeat of their brief below,” he continued, “and the arguments they presented were not only rejected outright, but watered down in both oral argument and brief. I don’t think the court will find these arguments persuasive in any way.”
The Court of Appeals has already ruled against President Trump’s claim of presidential immunity, writing in a 57-page decision that, “For the purposes of this criminal proceeding, former President Trump has supervised the defense of all other criminal defendants.” I accepted it and became a Trump citizen.”
In a unanimous opinion, the three-judge panel of the D.C. Circuit Court of Appeals continued: After carefully evaluating these concerns, we have concluded that there is no functional justification for exempting the former President from federal prosecution in general or for exonerating former President Trump from the specific charges in the indictment. did. ”
President Trump said in a court filing Monday that he intends to appeal the D.C. Circuit ruling soon. But in the meantime, he asked the High Court to order a stay on the decision, which effectively postponed the trial until the appeal was resolved.
Only four justices must vote to accept Trump’s final appeal. But an emergency request to suspend the former president’s court proceedings would require five votes.
Whether or not the judge decides to take the case will depend on Main signs Be prepared for when this Trump case goes to court. Trump has long used delay tactics to try to postpone the trial until after the presidential election.
Cobb said there are many paths the Supreme Court could take. He said the high court would either decline to take up the case in its entirety or give President Trump 24 or 48 hours to hear his appeal, then decline to take up the case. I expected it to be loud.
“Personally, I don’t think they will take up this case. However, I think it is possible that they will treat the stay motion as a certification motion, continue the litigation for 24 to 48 hours, and then deny certification. I think so,” he said. “I think this case might end this week.”
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