Former Biglaw Partner Ty Cobb Shows Utter Contempt For Trump's Proposed Defense

The penchant for bad legal arguments is probably why he left the White House so quickly.

Ty Cobb

Ty Cobb

Ty Cobb, the former Hogan Lovells partner who left Biglaw to work in Trump’s White House…. he didn’t last particularly long in that job, has thoughts about his former boss’s legal troubles. Cobb appeared on CNN to opine on the most recent Trump indictment.

Cobb was asked specifically about current Trump lawyer John Lauro’s floated First Amendment defense to pressuring Mike Pence into overturning the 2020 election result (“Asking is aspirational. Asking is not action. It’s core free speech”). And he did not hold back.

“Not at all,” Cobb replied. “I’m not aware of the aspirational defense or the free speech defense to a gang leader saying to two of his subordinates, ‘I need you two to please rob a bank for me,’ and they do it. That’s aspirational, but it leads to a crime and that’s exactly what Trump did with Pence.”

Obviously, Cobb’s legal analysis is spot on — his MAGA fever dream appears to be over. And, honestly I don’t understand the Trump circle’s obsession with the First Amendment argument. It’s almost like they prepped the talking point assuming there’d be an incitement charge, and even though that isn’t one of the felonies Trump’s facing, they just can’t let go of the argument. Anyway, Cobb is right, it is a silly argument… something Trumpworld is about to find out real fast.

Watch the full interview below.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.

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