Trump's own ex-lawyer calls his immunity case 'weak' — and then 'eviscerated' the briefs
February 12, 2024
Donald Trump's briefs aren't cutting it.
Trump's attempt to win over the Supreme Court to press pause on his immunity claim as it relates to his federal election subversion case in the lead to Jan. 6, 2021, was so "eviscerated" by the three-judge panel of the D.C. Court of Appeals that it's hard to see how they could override them.
"This brief, this petition, per se, is pretty weak, and it's repetitive," said former Trump attorney Ty Cobb during an appearance on CNN. "Their briefs which the arguments that they presented were not only soundly rejected, but eviscerated both in oral argument and in the opinion."
Cobb said it is why he can't foresee how the Supreme Court is going to "find those arguments compelling in any way."
On Monday, Trump formally filed a 39-page petition to the Supreme Court seeking to put in place a "stay" of the lower court's unanimous rejection of his sweeping claims that he is immune from any criminal prosecution whatsoever.
Trump's filing described the D.C. Circuit panel's decision blowing up his immunity argument as representing "a stunning breach of precedent and historical norms."
"Without immunity from criminal prosecution, the Presidency as we know it will cease to exist," his attorneys lawyers D. John Sauer and John Lauro wrote.
For over 200 years, no president has been indicted for any criminal behavior under the law as it is.
Former federal prosecutor Renato Mariotti thinks that it's not likely to go over well at the High Court.
"For weeks, I’ve predicted that the Supreme Court likely will not take up this case, letting the D.C. Circuit ruling stand. After reading this poorly-written application for a stay, I’m feeling good about my prediction," he posted on social media.
The former president needs five judges to back his request for the pause, Cobb explained, which Trump's lawyers say they need to pursue a review of the ruling, whether it be from the full D.C. Court or possibly the Supreme Court.
He confessed he isn't confident the Supreme Court will opt to get into the immunity case business.
"I personally don't see them taking this case. Although, I do think it's possible they could consider the state petition as a petition for cert and stay the case for... 24 to 48 hours," Cobb continued.
And because he suspects they won't go against the D.C. Circuit ruling, Cobb said the case "could be over this week."
See the full interview in the video below or at the link here.