Special counsel Jack Smith is urging the US Supreme Court to reject former President Donald Trump’s claim of presidential immunity in the face of federal charges related to his alleged attempt to overturn the 2020 election results. In a 66-page legal filing, Smith’s office argued that no person, including the president, is above the law.
Trump, who was indicted on four federal charges in August, has pleaded not guilty and claimed that the prosecution is politically motivated. He has argued that presidential immunity protects him from the charges, but lower federal courts have rejected this claim.
The Supreme Court is set to hear full arguments on the immunity question on April 25. Smith’s office contends that Trump’s actions in trying to remain in power after losing the election were not protected by presidential immunity, as he was not acting in his capacity as president.
Both Smith and Trump’s legal teams have cited past cases involving presidential immunity to support their arguments. Lower courts have sided with Smith’s interpretation, ruling that Trump’s conduct around the 2020 election is not protected by immunity.
A decision from the Supreme Court on the immunity question could come in June, before the court recesses for summer. It remains to be seen whether the trial would take place before the 2024 presidential election, where Trump is the presumptive Republican nominee. Trump also faces other federal and state charges related to his post-presidency activities.