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Jack Smith urges Supreme Court to reject Trump’s ‘novel and sweeping’ immunity claim  

Special Counsel Jack Smith asked the Supreme Court on Monday to reject former President Trump’s immunity claim and prevent him from further delaying his trial in a federal election destruction case in Washington, D.C.

In a filing Monday night with the U.S. high court, Smith wrote that no one, including the president, is “above” Trump’s claim that he is immune from criminal prosecution for his actions on January 6. He argued that this violates the United States’ “bedrock principle.” law. ”

“A former president’s constitutional duty to see to the faithful execution of the law does not entail a general right to violate the law,” Smith wrote.

Even if the court finds that President Trump is entitled to some level of presidential immunity, Smith said the former president’s use of public power was “merely an additional means to achieve his private goals.” He argued that the charges should be based on private conduct.

“The Framers never supported impunity for former presidents, and every president since the founding of the nation to the present day has known that upon leaving office, they would face potential criminal liability for their acts in office.” wrote Mr. Smith.

The former president and his lawyers argue that his actions leading up to and surrounding the January 6, 2021, insurrection are protected by presidential immunity.

In February, President Trump asked the Supreme Court justices to end the trial and refrain from filing immunity claims until appeal options in lower courts have been exhausted. It may have taken weeks, if not months, to reach a conclusion, but at Mr. Smith’s suggestion, the high court agreed to take up the matter on an expedited schedule.

The justices will begin oral arguments on April 25, and a landmark ruling is likely to be handed down by the end of June or sooner.

The election-subversion case was scheduled to begin in early March, but proceedings are currently on hold while the Supreme Court considers arguments. Some Trump critics have argued that Trump’s enhanced immunity is another way to delay the trial until after the November election.

If Trump, who is considered the Republican presidential candidate for this term, is elected, he could appoint the attorney general Anyone who tries to have federal charges dropped, including this one.

President Trump faces four felonies for engaging in a fraud conspiracy, with U.S. prosecutors saying he was at the center of an effort to block the certification of that day’s vote for President Biden.

The Hill has reached out to the Trump campaign for comment.

Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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