Mr Trump, 77, is scheduled to stand trial in March on federal charges relating to an alleged plot to overturn the 2020 election results.

But his lawyers have repeatedly argued that former presidents cannot face criminal charges for conduct related to their official responsibilities.

That argument, however, was rejected by a lower court judge earlier this month who ruled the case could go ahead as planned. Mr Trump then said he would appeal that decision.

Mr Smith’s rare direct request to America’s highest court on Monday was an attempt to leapfrog the lower courts altogether and avoid any delays to the scheduled 4 March trial date.

Mr Smith wrote: “This case presents a fundamental question at the heart of our democracy: whether a former president is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution.”