Special counsel Jack Smith’s team has urged the Supreme Court to reject former President Donald Trump’s claim of immunity from prosecution in a case accusing him of orchestrating efforts to overturn the results of the 2020 presidential election.
In a brief submitted on Monday night, the prosecutors emphasized that a president’s alleged criminal scheme to misuse official powers to overturn an election and obstruct the peaceful transfer of power undermines fundamental constitutional protections for democracy.
The Supreme Court is set to consider this unprecedented legal question on April 25, which will play a pivotal role in determining whether Trump will face trial this year. The indictment against Trump includes four counts alleging conspiracy to impede the peaceful transfer of power following his defeat in the 2020 election to Democrat Joe Biden.
Trump’s argument for immunity from prosecution for official acts while in office has been consistently rejected by both Judge Tanya Chutkan, presiding over the case, and a three-judge federal appellate panel in Washington.
The Supreme Court’s decision to take up this question has introduced uncertainty regarding whether the case—one of four criminal prosecutions facing Trump, the presumed Republican nominee for president—will proceed to trial before the November election.
In their latest brief, Smith’s team reiterated the successful arguments made in lower courts, emphasizing that “federal criminal law applies to the president.”
“The Framers of the Constitution never endorsed criminal immunity for a former President, and all Presidents from the Founding to the modern era have understood that they could face potential criminal liability for official acts after leaving office,” Smith’s team wrote.