Donald Trump's former attorney Ty Cobb received strong criticism Wednesday after he appeared on CNN and argued the former president had the "winning hand" under the constitution.
Cobb, a vocal critic of the former president, argued the 14th Amendment's insurrectionist ban did not apply to Trump because U.S. presidents are not technically officers.
"I'm sad to say on this one that I believe that the president's lawyers are correct constitutionally," he said during an appearance on CNN's "Out Front" with Erin Burnett on Wednesday. "Other people disagree."
Fellow legal wiz George Conway was quick to declare himself among those nay-sayers in a X thread that went viral Wednesday night.
Conway said Cobb's contentions that "the president of the United States is not an officer" were "severely misguided."
Cobb argues that Section 3 only applies to office holders, and officers are appointed and not elected. He also says that presidents don't pledge to uphold the constitution, but to protect it, therefore lifting the presidency above Section 3.
Conway begged to differ.
"The fact that the president appoints various officers of the United States does not mean he or she is not an officer," Conway wrote. He also notes the Constitution "refers to the presidency dozens of times as an 'office'!"
His followers agreed.
"Since the POTUS is referred to as Commander in Chief and Chief Executive," wrote @karenelizabeth60. "Trump was an officer. The End."
"If you have to swear into an Oath of Office, then you are an officer," added Scott Harrison. "Can’t be more simple than that."
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