{"id":2287895,"date":"2024-07-02T11:38:58","date_gmt":"2024-07-02T15:38:58","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/former-anti-trump-wh-lawyer-sotomayor-dissent-in-immunity-case-hysterical-screaming-no-analysis\/"},"modified":"2024-07-02T11:44:09","modified_gmt":"2024-07-02T15:44:09","slug":"former-anti-trump-wh-lawyer-sotomayor-dissent-in-immunity-case-hysterical-screaming-no-analysis","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/former-anti-trump-wh-lawyer-sotomayor-dissent-in-immunity-case-hysterical-screaming-no-analysis\/","title":{"rendered":"Former Anti-Trump WH Lawyer: Sotomayor Dissent in Immunity Case &#8216;Hysterical&#8217; &#8211; &#8216;Screaming, No Analysis&#8217;"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">28<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fformer-anti-trump-wh-lawyer-sotomayor-dissent-in-immunity-case-hysterical-screaming-no-analysis%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2287895&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The article discusses\u200d a recent Supreme Court\u200c ruling that granted former President Donald Trump immunity for official acts\u200d he \u2063committed while in office. The ruling, which was \u2063criticized by former White\u2062 House attorney \u2063Ty Cobb, left open the possibility of prosecution for \u2062unofficial acts but stated that a president is entitled\u2064 to\u200b presumptive \u2064immunity for official \u2062acts. Cobb expressed disappointment in the ruling, especially in relation to Justice Sonia Sotomayor&#8217;s\u2063 dissent, which he called hysterical and lacking analysis. The article \u200balso highlights\u2064 concerns about the separation of\u2062 powers and the potential implications of the ruling \u200don \u2062future presidential immunity cases.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><br \/>\n<!DOCTYPE html PUBLIC \"-\/\/W3C\/\/DTD HTML 4.0 Transitional\/\/EN\" \"http:\/\/www.w3.org\/TR\/REC-html40\/loose.dtd\"> <?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><html><body><\/p>\n<header> <a href=\"https:\/\/www.westernjournal.com\/commentary\/\">  Commentary <\/a>   <span> <\/p>\n<p><a href=\"https:\/\/www.westernjournal.com\/author\/cillianzeal\/\">  <\/a> <\/p>\n<p> <span>   By <a href=\"https:\/\/www.westernjournal.com\/author\/cillianzeal\/%20\"><span>C. Douglas Golden<\/span><\/a> <\/span> <span>   July 2, 2024 at 5:56am <\/span> <\/span>  <\/header>\n<section>\n<p>A former White House attorney for Donald Trump who had been a prominent opponent of the former president\u2019s claims of immunity in special counsel Jack Smith\u2019s case related to the Jan. 6, 2021, Capitol incursion strongly criticized Supreme Court Justice Sonia Sotomayor\u2019s dissent in the ruling, saying it was \u201chysterical\u201d and contained \u201cscreaming, no analysis.\u201d<\/p>\n<p>The <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/mississippi-supreme-court-strikes-down-voter-approved-medical-marijuana-initiative\/\" title=\"Mississippi Supreme Court Strikes Down Voter-Approved Medical Marijuana Initiative\">court ruled 6-3<\/a> on Monday that Trump enjoyed immunity for official acts he committed as president under Article II of the Constitution, with Chief Justice John Roberts arguing in the <a href=\"https:\/\/www.supremecourt.gov\/opinions\/23pdf\/23-939_e2pg.pdf\" target=\"_blank\" rel=\"noopener\">majority opinion<\/a> that ruling otherwise would create \u201can executive branch that cannibalizes itself, with each successive President free to prosecute his predecessors, yet unable to boldly and fearlessly carry out his duties for fear that he may be next.\u201d<\/p>\n<p>The opinion still left open the possibility that Trump would be prosecuted for crimes acting solely as a candidate for president, as the chief executives \u201cenjoys no immunity for unofficial acts, and not everything the President does is official.\u201d<\/p>\n<p>However, it said, a president \u201cmay not be prosecuted for exercising his core constitutional powers\u201d and \u201cis entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts.\u201d<\/p>\n<p>It is unknown where this leaves <a href=\"https:\/\/www.westernjournal.com\/turley-scotus-immunity-decision-produces-cardiac-arrest-jack-smith-trump-case\/\" target=\"_blank\" rel=\"noopener\">Smith\u2019s<\/a> Jan. 6 case, although presumably it won\u2019t be tried before the November election \u2014 which is part of the bummer for the Democrats.<\/p>\n<p>The other bummer was Sotomayor\u2019s apocalyptic vision of what immunity for official acts entailed, which was the most quoted \u2014 and febrile \u2014 part of the decision in Trump v. United States.<\/p>\n<p>\u201cImagine a President states in an official speech that he intends to stop a political rival from passing legislation that he opposes, no matter what it takes to do so (official act),\u201d <a href=\"https:\/\/www.westernjournal.com\/libs-convinced-trump-will-win-trying-boot-sotomayor-election\/\" target=\"_blank\" rel=\"noopener\">Sotomayor<\/a> wrote.<\/p>\n<p>\u201cHe then hires a private hitman to murder that political rival (unofficial act),\u201d she said. \u201cUnder the majority\u2019s rule, the murder indictment could include no allegation of the President\u2019s public admission of premeditated intent to support the <a href=\"https:\/\/www.law.cornell.edu\/wex\/mens_rea\" target=\"_blank\" rel=\"noopener\"><em>mens rea<\/em><\/a>  of murder. \u2026 When he uses his official powers in any way, under the majority\u2019s reasoning, he now will be insulated from criminal prosecution.<\/p>\n<p>\u201cOrders the Navy\u2019s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.\u201d<\/p>\n<p>To Ty Cobb \u2014 a former Trump White House lawyer turned vocal Trump critical who had signed on to an April brief arguing that the former president had no immunity from prosecution, according to <a href=\"https:\/\/www.axios.com\/2024\/04\/09\/ty-cobb-trump-supreme-court-presidential-immunity\" target=\"_blank\" rel=\"noopener\">Axios<\/a> \u2014 this wasn\u2019t exactly the strongest argument against the ruling.<\/p>\n<p>Cobb, who said he\u2019d anticipated an adverse ruling from oral arguments, told CNN on Monday that the court \u201cwent a little further than I anticipated\u201d and that he was \u201cdisappointed\u201d by many aspects of the decision, including \u201cthe inability to use evidence pertaining to official acts with regard to some of the crimes.\u201d<\/p>\n<p>However, he acknowledged that \u201cJack Smith can proceed, you know, should he decide to\u201d and that the \u201ccase is not dead.\u201d<\/p>\n<p>As for Cobb\u2019s most acute frustrations, those were reserved for <a href=\"https:\/\/www.westernjournal.com\/justice-sotomayor-reality-liberal-conservative-court-live-frustration\/\" target=\"_blank\" rel=\"noopener\">Sotomayor<\/a>.<\/p>\n<p>\u201cSo I thought her dissent was a little hysterical, and it really offered no analysis. A lot of \u2014 a lot of screaming, no analysis,\u201d he said. \u201cAnd I think that was unfortunate.\u201d<\/p>\n<p>Cobb added he was \u201cdisappointed that Justice [Elena] Kagan didn\u2019t write a dissent that sharply focused on the separation of powers issues, which are the core issues here.\u201d<\/p>\n<p>\u201cYou can\u2019t design a rule that is solely about Trump without putting the democracy at risk and eliminating some of the restraints that have historically gotten us through 250 years,\u201d he said.<\/p>\n<p>\u201cSeparation of powers is the cornerstone of the Constitution, and as much as I wish Trump would get his comeuppance and due for his evil conduct, the reality is you just can\u2019t go out and have a result-oriented effort by the Supreme Court,\u201d Cobb said. \u201cIt needs to be based on principle and precedent.<\/p>\n<p>\u201cAnd I think for the most part this is, I\u2019m \u2014 I was disappointed that Justice Sotomayor didn\u2019t address at all the separation of powers issue, which is what the case was decided on.\u201d<\/p>\n<p> <iframe loading=\"lazy\" title=\"Ty Cobb explains why he was \u2018disappointed\u2019 with Sotomayor\u2019s dissent\" width=\"500\" height=\"281\" src=\"https:\/\/www.youtube.com\/embed\/l7C-j6flA80?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe><\/p>\n<p>I suppose this can and should start from the obvious: He\u2019s right. But there\u2019s another obvious point he\u2019s missing, and this is always what happens when anti-Trump Republicans <a href=\"https:\/\/www.westernjournal.com\/romney-ryan-working-hard-trump-gather-2024-candidates-closed-door-meeting\/\" target=\"_blank\" rel=\"noopener\">decide to make common cause<\/a> with those who are guided by their undying enmity toward the other side, not the rule of law.<\/p>\n<p>Cobb is an attorney, and I\u2019ll concede I am not, although I think it\u2019s a sound rule of law that we don\u2019t have, as Roberts noted in his majority opinion, \u201can executive branch that cannibalizes itself\u201d by criminalizing the choices the last executive made under his official duties as <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/u-s-corporations-consider-blocking-monetary-support-to-gop\/\" title=\"U.S. corporations consider blocking monetary support to GOP\">chief executive<\/a>.<\/p>\n<p>However, deciding these issues on the legal specifics and whether immunity is enumerated under Article II of the Constitution <em>was never<\/em> the ballgame for the left. It was always, very specifically, deciding a way that Trump could be tried for Jan. 6 and worrying about what that precedent meant later. Period.<\/p>\n<p>Because the court has ceased to function as a permanently left-leaning legislative branch of the federal government, the remaining <a href=\"https:\/\/www.westernjournal.com\/ca-law-promoting-abortion-is-so-disturbing-even-justice-kagan-slammed-it\/\" target=\"_blank\" rel=\"noopener\">Democrat-appointed judges<\/a> are left to fearmonger about what immunity for official acts means without acknowledging the checks and balances that prevent these things from occurring.<\/p>\n<p>It does not seem to have occurred to Sotomayor \u2014 or at least to those who made this particularly febrile paragraph in her dissent a viral thing \u2014 that any nation in which elite special forces troops can kill the opposition and the president that ordered it can be beyond legal consequence is also beyond the point where a Supreme Court ruling <a href=\"https:\/\/www.westernjournal.com\/top-house-democrat-issues-troubling-threat-supreme-court-justices-trump-immunity-ruling\/\" target=\"_blank\" rel=\"noopener\">on presidential immunity<\/a> for official acts vs. unofficial acts matters.<\/p>\n<p>That <a href=\"https:\/\/www.westernjournal.com\/supreme-court-issues-highly-anticipated-ruling-trump-immunity-case\/\" target=\"_blank\" rel=\"noopener\">the decision<\/a> <em>does<\/em> matter (and that said decision still leaves Jack Smith\u2019s prosecution against the de facto political opposition in the United States open, if somewhat delayed from the fast track he wanted it on) means this was all pure hysteria and screaming.<\/p>\n<p>Sotomayor likely knows that. Cobb certainly knows that. If only CNN and the media were so enlightened.<\/p>\n<hr>\n<div>\n<p><b><i>A Note from Our Deputy Managing Editor:<\/i><\/b><\/p>\n<p><i><span>\u201cWe don\u2019t even know if an election will be held in 2024.\u201d Those 12 words have been stuck in my head since I first read them. <\/span><\/i><\/p>\n<p><i><span>Former Lt. Gen. Michael Flynn recently made that comment to Floyd Brown, founder of The Western Journal. <\/span><\/i><\/p>\n<p><i><span>And if the leftists and the elites get their way, that\u2019s exactly what will happen \u2014 no real election, no real choice for the Electoral College, and no real say for the American people. <\/span><\/i><\/p>\n<p><i><span>The Western Journal is fighting to keep that from happening, but we can\u2019t do it alone.<\/span><\/i><\/p>\n<p><i><span>We work tirelessly to expose the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/watch-rep-anna-paulina-luna-scolds-dems-waving-ukrainian-flags-after-vote-put-those-damn-flags-away\/\" title=\"Video: Rep. Anna Paulina Luna Criticizes Democrats Waving Ukrainian Flags - &#039;Remove Those Flags!\">lying leftist media<\/a> and the corrupt America-hating elites.<\/span><\/i><\/p>\n<p><i><span>But Big Tech\u2019s stranglehold is now so tight that <\/span><\/i><a href=\"https:\/\/www.paypal.com\/donate\/?hosted_button_id=BM6XAWRJ8NS7A&#038;utm_source=site&#038;utm_medium=westernjournalism&#038;utm_campaign=authorpitch\"><i><span>without help<\/span><\/i><\/a><i><span>  from you, we will not be able to continue the fight. <\/span><\/i><\/p>\n<p><i><span>The 2024 election is literally the most important election for every living American. We have to unite and fight for our country, otherwise we will lose it. And if we lose the America we love in 2024, we\u2019ll lose it for good. Can we <\/span><\/i><a href=\"https:\/\/www.paypal.com\/donate\/?hosted_button_id=BM6XAWRJ8NS7A&#038;utm_source=site&#038;utm_medium=westernjournalism&#038;utm_campaign=authorpitch\"><i><span>count on you<\/span><\/i><\/a><i><span>  to help? <\/span><\/i><\/p>\n<p><i><span>With you we will be able to field journalists, do more investigative work, expose more corruption, and get desperately needed truth to millions of Americans. <\/span><\/i><\/p>\n<p><i><span>We can do this only with your help. Please don\u2019t wait one minute.<\/span><\/i><a href=\"https:\/\/www.paypal.com\/donate\/?hosted_button_id=BM6XAWRJ8NS7A&#038;utm_source=site&#038;utm_medium=westernjournalism&#038;utm_campaign=authorpitch\"><i><span>  Donate right now<\/span><\/i><\/a><i><span>.<\/span><\/i><\/p>\n<p><i><span>Thank you for reading,<\/span><\/i><\/p>\n<p><i><span>Josh Manning<\/span><\/i><\/p>\n<p><i><span>Deputy Managing Editor<\/span><\/i><\/p>\n<p><i><span>P.S. Please <\/span><\/i><a href=\"https:\/\/www.paypal.com\/donate\/?hosted_button_id=BM6XAWRJ8NS7A&#038;utm_source=site&#038;utm_medium=westernjournalism&#038;utm_campaign=authorpitch\"><i><span>stand with us<\/span><\/i><\/a><i><span>  today.<\/span><\/i><\/p>\n<\/p><\/div>\n<\/section>\n<p><\/body><\/html><br \/>\n<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A former White House attorney for Donald Trump, who had previously opposed the former president&#8217;s claims of immunity in a case related to the Jan. 6 Capitol incursion, criticized Supreme Court Justice Sonia Sotomayor&#8217;s dissent in a recent ruling. The court ruled 6-3 that Trump had immunity for official acts as president, but could still be prosecuted for unofficial acts. The attorney, Ty Cobb, expressed disappointment with the ruling but acknowledged that the case could still proceed. Cobb also criticized Sotomayor&#8217;s dissent as &#8220;hysterical&#8221; and lacking analysis. He emphasized the importance of separation of powers and the need for legal decisions to be based on principle and precedent. Cobb&#8217;s frustrations with the ruling were focused on the lack of attention to separation of powers issues. He also noted that the ruling left open the possibility of prosecution for crimes committed as a candidate for president<\/p>\n","protected":false},"author":663,"featured_media":2287896,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.westernjournal.com\/wp-content\/uploads\/2024\/07\/Cobb-CNN.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[6430,3692,4742],"class_list":["post-2287895","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-anti-trump","tag-former","tag-lawyer"],"fifu_image_url":"https:\/\/www.westernjournal.com\/wp-content\/uploads\/2024\/07\/Cobb-CNN.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2287895","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/663"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2287895"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2287895\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2287896"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2287895"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2287895"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2287895"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}