Apr 9, 2024 - Politics & Policy

Ex-Trump White House lawyer part of brief arguing against Trump's immunity

Up-close image of Former President Trump

Former President Trump attends a campaign event April 2 in Michigan. Photo: Spencer Platt/Getty Images

Ex-Trump White House lawyer Ty Cobb signed onto a brief to the Supreme Court this week arguing that presidential immunity does not shield former President Trump from prosecution over actions while in office.

Why it matters: The former Trump attorney has been a vocal critic of the presumptive GOP presidential nominee, who is asking the nation's highest court to grant him presidential immunity from prosecution.

Zoom in: The brief is from "13 former prosecutors, elected officials, other government officials, and constitutional lawyers." They argue in the document that Trump's presidential immunity claims are "inconsistent" with the Constitution.

  • They also say that it's Trump's "claimed immunity, not his prosecution, that would subvert the separation of powers."
  • They argue that the immunity the former president seeks "would severely impair the ability of the current President, in whom all executive powers are vested."

Special counsel Jack Smith also urged the Supreme Court to reject Trump's immunity claims on Monday.

  • In that brief, Smith argued that "no person is above the law."

Catch up quick: Cobb has repeatedly spoken out against the former president. He told CNN in January that Trump "poses the gravest threat to American democracy that we've ever seen."

Zoom out: The Supreme Court is set to hear oral arguments for the case on April 25.

  • Trump and his legal team have repeatedly argued that he has absolute immunity from criminal prosecution for actions performed within the "outer perimeter" of the president's official duties.

Go deeper: Ex-Trump White House lawyer: Evidence against former president "overwhelming"

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