Donald Trump’s Supreme Court prospects just took a blow

It’s not unusual to see amicus briefs filed by non-parties in important cases. An amicus brief, also called a “friend of the court brief,” is filed to support the argument of one of the parties in an appellate case-including the supreme court-to bring attention to cases that are of broad interest to the public. While the filer(s) are not parties to the litigation, the cases are usually related to the filers’ profession or industry, giving credence to their legal arguments.

In the case of Donald Trump v. U.S., where the question of Trump’s immunity has been presented to the Supreme Court, two groups have filed amicus briefs arguing against Trump’s claim to immunity: 13 former government officials and constitutional lawyers and a group of retired four-star generals and admirals who call Trump’s attempts to use immunity an “assault on the foundational commitments underpinning democracy.” Their concerns revolve around the Constitution. Both briefs have been filed in support of the Respondent, Special Counsel Jack Smith. Trump’s former White House counsel, Ty Cobb, is one of the 13 government officials and constitutional lawyers.

The brief filed by the lawyers, which you might read in its entirety here, starts out strong, indicating that the filers have “spent decades defending the Constitution, the interests of the American people, and the rule of law.” They provide relevant information to the issue of Trump’s attempts to subvert the laws, based on the Constitution. Both groups have spent their lives upholding the Constitution, and they don’t want to see anyone violating it. Both briefs come across as inherently unbiased, and the government officials’ brief centers around their belief that Trump’s claim to immunity should not stand because he violated the Executive Vesting Clause by trying to remain in power after his term ended. It’s not surprising that Ty Cobb joined this brief.

Cobb has been very vocal in his criticisms of Trump. He has worked in both Democratic and Republican White Houses (though he has never voted for Trump). He was, however, part of Trump’s White House investigative team during the Mueller investigation, and he has publicly said that it was not a “witch hunt.” He said in an interview with ABC News on March 5, 2019, that Mueller was “an American hero.” No wonder he didn’t acquiesce to Trump’s behaviors. After retiring from the White House, Cobb has said that Trump is “a disaster for the Republican Party.” Joining Cobb as a signatory to the brief is none other than George Conway, who is a Constitutional lawyer and likely knows it better than the rest of us could dream.

It will be difficult for the Supreme Court to ignore the arguments of these learned people. They have lived and breathed the Constitution for most of their lives and possibly know it better than the justices themselves. They ask the Court to uphold Judge Chutkan’s order for the sake of our country, and they further ask that it be done quickly. Arguments are set to begin later this month. The Supreme Court should move expeditiously so that this issue is quashed once and for all.