- Trump’s one-time White House lawyer told CNN he thinks the former president could be indicted in the Jack Smith Capitol riot investigation as early as Thursday.
- Ty Cobb also said he thinks Trump could be charged with conspiracy, obstruction and aiding and abetting insurgents.
- Smith’s office notified Trump that he was a target in the investigation over the weekend.
Former President Donald Trump’s one-time White House counsel said Tuesday that if Trump is indicted in the Justice Department’s Capitol riot probe, it will happen as early as Thursday and no later than Monday.
Ty Cobb, who served as Trump’s special counsel in the White House in 2017 and 2018, told CNN’s Erin Burnett that he believes Trump would be charged with obstruction of justice, conspiracy to obstruct an official proceeding, and conspiracy to defraud the United States. He added that he also thinks there is a chance that Trump could be indicted to give aid and comfort to rebels.
“There are different ways to charge this that come down to the same behavior,” Cobb told CNN on Tuesday.
Specifically, he was referring to Trump’s efforts to pressure then-Vice President Mike Pence to deny electors from battleground states won by Joe Biden in the 2020 election; efforts to stop some of those states from confirming Biden’s victory; and the potential interference with witnesses.
“There is an outside chance that he could be accused of aiding and abetting the rebels,” Cobb added, “as a result of his three. sometimes inaction” on the day of the Capitol riot, and his “intervention message calling Pence a Coward.”
Cobb has long believed that special counsel Jack Smith’s investigation into the Capitol riot is the most dangerous legal threat facing the former president.
“Whatever the case, the most serious case he faces is the January 6 investigation,” Cobb told Insider last August. “Not just because of January 6th but in addition to the fake voter scheme and the alleged interference in Georgia, Arizona, Pennsylvania, and elsewhere.”
“That’s the case that has the most risk and is at the heart of what the Department of Justice would take seriously,” he said.
Trump said on Truth Social Tuesday that Smith’s office sent him a letter over the weekend formally notifying him that he is the target of criminal prosecution in connection with the sprawling January 6 investigation. Indictments are often – but not always – preceded by letters of intent, in which prosecutors formally outline the criminal charges they are bringing against someone.
Trump’s announcement on Tuesday was the biggest sign yet that he could be indicted for a third time. He was previously indicted in New York over a $130,000 payment to adult film star Stormy Daniels, and was federally indicted in Florida over his handling of classified documents.
Insider has reached out to a lawyer for Trump for comment.