• Ty Cobb says Congress has “ceded basically all control” to the president
• Attorney served in first Trump administration during Mueller investigation
• Comments come amid ongoing tensions between administration and federal courts

WASHINGTON, DC (TDR) — Former White House attorney Ty Cobb warned Sunday that President Donald Trump’s attacks on the judiciary represent “one of the greatest threats to our democracy at this stage of the game,” arguing that Congress has failed to serve as a constitutional check on executive power.

Cobb, who served as special counsel to the White House during the first Trump administration, made the remarks during an appearance on MS NOW’s “The Weekend” when asked about what critics have characterized as administration hostility toward the judicial branch.

Congressional abdication

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The attorney argued that legislators have abandoned their constitutional oversight responsibilities, leaving courts as the primary remaining check on presidential authority.

“Keep in mind that Trump has neutered Congress. Actually, they’ve probably neutered themselves through their cowardice and greed, but they have ceded basically all control to the president. And he dictates everything Mike Johnson does.”

Cobb noted that under the constitutional design, Congress possesses greater powers than the president through its authority to impeach, control spending, and declare war. He characterized lawmakers’ deference to the executive branch as having “handed it to Trump in a basket with a bow on it.”

Judiciary as final check

The former administration official warned that by attacking judges and courts, the president is attempting to undermine the last institutional barrier to unchecked executive authority.

“By denigrating the judiciary, Trump is basically trying to weaken one of the only remaining pillars that is standing up to prevent the total authoritarianism that he desires. And that war is very dangerous for us all.”

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Cobb emphasized the need for robust judicial independence given current circumstances, stating that “constitutional stresses are extreme” and describing presidential actions as “unprecedented.”

Background

Cobb joined the White House in July 2017 to manage the administration’s response to Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 election. He reported directly to the president and advocated for cooperation with investigators before departing in May 2018.

Since leaving government service, Cobb has become an outspoken critic of his former employer. He previously called Mueller “an American hero” and has publicly disagreed with characterizations of that investigation as a “witch hunt.”

The attorney’s comments Sunday followed recent federal court rulings that have blocked various administration initiatives and ongoing tensions between the Justice Department and judges overseeing cases involving administration critics.

Neither the White House nor the Department of Justice responded to requests for comment on Cobb’s remarks.

What institutional mechanisms exist to maintain balance among the three branches of government during periods of political tension?

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