Tuesday evening, as news broke that the deletion of the text message scandal had moved from the Secret Service and Department of Homeland Security to the Department of Defense, a CNN anchor was taken aback by the lawyer Donald Trump selected to lead his defense during his first impeachment trial.
Former Trump White House lawyer Ty Cobb, who began his career as a federal prosecutor, was represented by Burnett on the right. The host was accompanied by Laurence Tribe, a constitutional law expert who spent fifty years teaching at Harvard and defended Al Gore in the Florida recount in 2000.
Burnett declared it “significant” how much the two men agreed after Tribe listed a number of rules Trump might have committed and Cobb responded.
Tribe described their agreement as “very notable.” According to reports, Tribe gave House Democrats advice on the impeachment attempt Cobb fought back against.
Cobb provided a strategy for Congress to act after the House Select Committee investigation, while the two had spent the panel discussing criminal response.
“If I could make one point, though Erin, in response to something the professor said which I think is significant,” Cobb began “is the fact that the professor pointed to the Pence tweet during the almost three hours of Trump’s inactivity fits very, very perfectly into what I think should be — I think Congress has the lane here, I don’t think that lane is telling [Attorney General] Merrick Garland what to do or pretending that they’re leading him anywhere… but, the Pence tweet coupled with the three hours of inaction, in my view, easily fits into the definition of giving aid and comfort to the insurrectionists.”
“And that is the standard under Article 3 of the 14th Amendment which Congress has at its disposal,” Cobb noted.
“And I don’t for the life of me,” he continued, “understand why instead of telling the Justice Department what to do, that they aren’t acting on that alone, because if they have a sense of the Congress, the penalty of finding Trump guilty of giving aid and comfort to an insurrectionist, is disqualification from office — forever.”