Former Hogan Lovells partner and one-time Trump legal team member, Ty Cobb, weighed in on ex-President Donald Trump’s present legal predicaments in a televised interview with CNN. A point of discussion revolved around current Trump attorney John Lauro’s First Amendment defense in connection with pressuring then-Vice President Mike Pence into reversing the 2020 election outcome.
Lauro’s defense hinges upon the notion of ‘asking as aspirational’, positing that asking for an act does not equate to commissioning it. As per Lauro, this act falls within the protective boundaries of free speech. However, Cobb offered a counterpoint, directly dismissing the efficacy of such an argument.
“Not at all,” was Cobb’s swift rebuttal. He elaborated on his view by making an analogy to a crime scenario: a gang leader encouraging subordinates to commit a bank robbery. Even if the directive can be termed as ‘aspirational’, the consequential act remains criminal. Cobb alleges that Trump’s actions with Pence mirrored this example.
According to Cobb, Lauro’s use of the First Amendment argument is bewildering. His interpretation suggests that this argumentative approach would be more apt if facing an incitement charge. Given the present state of affairs, the Trump camp holding onto this rationale appears misguided, Cobb opined.
To witness Ty Cobb elaborate on these ideas and more, the full CNN interview is available to view.
For more clarity and related coverage, be sure to read the full article on Above the Law.