Special Counsel Jack Smith has submitted a comprehensive 66-page brief to the Supreme Court, urging the justices to dismiss former President Donald Trump’s broad assertions of presidential immunity as a means to defend himself against the charges of election interference.
Trump has entered a plea of not guilty to four felony federal charges, which are in connection to accusations that he tried to overturn the 2020 election. As the former president and frontrunner for the 2024 GOP, he is asserting that ex-presidents possess “absolute immunity” for official actions carried out while in office.
Smith argues that Trump’s assertion of absolute immunity from criminal investigation has no historical basis and is a dangerous precedent. By making such a claim, future presidents could potentially evade accountability for crimes as serious as bribery or even murder.
In this week’s filing, Smith emphasized the fundamental principle of our constitutional order that no person, including the President, is above the law.
The Supreme Court will make a ruling on Trump’s immunity claim on April 25, which coincides with the last day of oral arguments for the current term of the top court. In response to a lower court’s unanimous ruling that he could face charges, Trump filed an appeal, prompting the Supreme Court to address the issue.
The start of a potential trial, initially scheduled for March, was significantly delayed due to the top court’s decision to hear Trump’s appeal. This decision came as a major victory for Trump, as he aims to postpone his various legal challenges until after the November election.
According to legal experts, it is highly unlikely that the conservative court will support Trump’s claims. However, they acknowledge that any delays in the process could still work to his advantage.
The Supreme Court justices have the authority to release their decision at any point after the hearing, which is expected to take place later this month. In the event that the court rejects Trump’s claim of immunity, a potential trial would likely occur during the peak of the election season. However, if SCOTUS sides with Trump’s arguments, the charges against him would be dismissed.
Trump has been accused of making multiple false claims regarding the 2020 election, with allegations that he attempted to employ fake electors in order to impede the certification of President Joe Biden’s victory.
Business Insider reached out to the Justice Department and a representative for Trump for comment, but neither party responded at the time of writing.
