Ty Cobb, a former White House attorney during President Trump’s first term, said Sunday there’s a “good chance” the case against former FBI Director James Comey gets “tossed out well before trial.”

“I don’t see any way in the world that Comey will be convicted,” Cobb said on CBS’s “Face the Nation.” “And I think there’s a good chance, because of the wholly unconstitutional, authoritarian way that this was done, that the case may get tossed out well before trial.”

Comey, the FBI director from 2013 until Trump dismissed him in May 2017, was indicted by a federal grand jury in the Eastern District of Virginia on Friday. He was charged with making a false statement to Congress and obstructing a congressional proceeding.

The indictment came after Erik Siebert, the former U.S. attorney for the Eastern District of Virginia, resigned on Sept. 19 amid pressure from the administration to launch a probe into New York Attorney General Letitia James over mortgage fraud allegations. 

His replacement, Lindsey Halligan, was previously a White House aide and part of the president’s legal team starting in 2022. Halligan’s signature is on Comey’s indictment.

Comey, a longtime critic of Trump, denied wrongdoing in a video he posted to Instagram on Thursday.

Cobb served as a White House attorney from July 2017 to May 2018, during which he coordinated the administration’s response to special counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.

He told PBS on Saturday, though, that he never voted for Trump. Cobb also criticized Trump in the wake of Jimmy Kimmel being suspended by ABC and Disney, saying the president is “waging war on people who offend him” in an interview with NBC News earlier this month.