Former White House lawyer Ty Cobb stated that he is highly confident the federal election case involving former President Trump will not be brought to trial before the November election, following the Supreme Court's hearing on Thursday.
Cobb told CNN's Erin Burnett on “OutFront” that he thinks Trump will benefit because the case will probably not be tried before the election, but the justices will not favor Trump's argument of absolute immunity.
He also mentioned that while delaying the case may benefit Trump, the justices are unlikely to support Trump's claim of absolute immunity.
On Thursday, Trump's lawyers presented arguments to the Supreme Court for nearly three hours, arguing for his immunity from criminal prosecution in a case accusing him of plotting to overturn the 2020 election results. The Supreme Court heard arguments about whether Trump should be immune from criminal prosecution. The case accuses Trump of attempting to overturn the results of the 2020 presidential election.
Justices on the Supreme Court expressed doubts about Trump’s team's claims of presidential immunity extending to an attempted coup, although they appeared willing to provide some protection from criminal prosecution.
Trump’s legal team is asserting that he has absolute immunity for official acts while in office, including after he left office, and that this should cover his efforts to prevent a peaceful transfer of power after the 2020 presidential election.
One of the court's liberal justices, Ketanji Brown Jackson, questioned whether Trump's arguments would make the presidency a lawless office, which according to Cobb is a concern shared by other justices. questioned Cobb commented that the Supreme Court seems more focused on the potential restraints on the ability of future presidents to act officially without fear of retribution by their successors, rather than the actual indictment of Trump.
Cobb believes that the Supreme Court is concerned about limiting the power of future presidents rather than focusing on Trump's specific indictment.
The significant case could lead to new legal battles and delays for Trump. A decision in the case is anticipated by the end of June, although special counsel Jack Smith has requested the court to expedite the process.