A former Trump White House lawyer said Tuesday there was “no chance” that Fulton County (Ga.) District Attorney Fani Willis’s case brought against former President Trump and his allies will go to trial within two years.
Willis unveiled a 98-page indictment late Monday charging Trump and 18 others for their alleged efforts to overturn the 2020 Georgia election results. She also announced that she wants to bring a trial forward within the next six months.
Ty Cobb, who served in the White House for about 10 months beginning in July 2017, said that they should not expect a trial sooner than two years, noting that Willis’s trial will not likely go before Justice Department special counsel Jack Smith’s two cases against the former president.
“There’s no chance in my view that Fani Willis goes within two years,” Cobb said, adding that with 19 defendants and different charges, “everybody will have motions galore.”
Then-White House lawyer Ty Cobb walks to his car at the White House in Washington, Thursday, May 17, 2018. (AP Photo/Susan Walsh)
He argued that the case will “take a long time to be prepared,” noting that there will be motions for severance and to dismiss the case. He said that if the case takes place after the 2024 election, it could also set up a potential Supreme Court battle.
“And if it takes her, you know, two years — I mean, heaven forbid that Trump wins the presidency — then then there will be a fight to the Supreme Court over whether she can proceed against the sitting president during his term,” he said. “That’s an issue that’s never been resolved.”
“The federal prosecutors are not allowed to indict or prosecute the president during his term,” Cobb added. “But as to state court prosecutors, that issue has never been resolved and could delay things quite some time.”
Trump and the 18 others must voluntarily surrender in Georgia before Aug. 25, according to Willis.