Former Trump White House lawyer Ty Cobb has expressed his belief that former President Donald Trump will not face imprisonment before Inauguration Day in 2025, even if he were to be convicted. This suggests that Trump could potentially make any conviction “go away” if he were to win the election.
Approximately three weeks have passed since a remarkable appeals court hearing where Trump’s attorney argued that a sitting president could potentially order Seal Team Six to eliminate a political rival without facing legal consequences unless he were first impeached and convicted.
During an interview on CNN’s OutFront with Erin Burnett, Cobb discussed the ongoing delay in reaching a decision on the appeal and its implications for resolving Trump’s legal cases before the election. He shared his perspective, stating:
“My own view, as we’ve discussed before, aligns with that of several other constitutional scholars. Although there are differing opinions, I believe that if the D.C. circuit issues a strong opinion, the Supreme Court is unlikely to take up this case before a conviction.”
In response to concerns about the timeline, Cobb acknowledged that a trial and subsequent appeals could potentially delay proceedings until August. He highlighted a long-standing Department of Justice (DOJ) guideline that discourages public steps that could influence an election within 60 days of the election date. This guideline has historical precedent, with reference to James Comey’s actions.
Considering these factors, Burnett posed the question of whether it is possible that the trial, originally scheduled for March 4th, might not commence at all before the election. Cobb responded:
“Yes, I believe that’s possible. I’d say it’s 60/40 that the case may proceed in late May or June, assuming an opinion is issued within the next week. However, even if the trial were to proceed, the appeal would not conclude before Trump’s potential inauguration. At that point, he would have the authority to instruct his Justice Department to dismiss the appeal, effectively erasing the case from existence.”
Cobb also addressed the notion of Trump pardoning himself, emphasizing that it was never a viable option. He argued that it is unnecessary because Trump can simply direct the Justice Department to dismiss the appeals. In conclusion, Cobb expressed his belief that Trump is unlikely to face incarceration before potential inauguration in the event of his victory.
