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Special Counsel Jack Smith filed a 66-page brief on Monday asking the Supreme Court to reject former President Donald Trump’s sweeping claims of presidential immunity as a defense against election interference charges. .
President Trump has pleaded not guilty to four felony federal charges related to his alleged attempt to overturn the 2020 election. The former president and 2024 Republican front-runner claimed that former presidents have “absolute immunity” for official actions during his time in office.
But Smith said Trump’s “radical” claims have no historical precedent and risk allowing future presidents to get away with crimes ranging from bribery to murder.
“A fundamental principle of our constitutional order is that no one, including the president, is above the law,” Smith wrote in this week’s paper. filing.
The Supreme Court is scheduled to rule on President Trump’s immunity request on April 25, the last day of oral arguments in the court’s current term. Mr. Trump had previously appealed a unanimous lower court ruling that found him guilty, leading to the Supreme Court taking up the issue.
Supreme Court decision to hear President Trump’s appeal Significantly delayed the start of potential clinical trials, it was originally scheduled to start in March. This is a major victory for President Trump, who is trying to delay a myriad of legal issues as long as possible before the November election.
Legal experts told Business Insider last month that they thought it was unlikely that conservative courts would side with Trump. Still, they said he stands to benefit from any delay.
The justices could publish their decision at any time after hearing the case later this month. If the court rules against Trump’s immunity request, the final trial would likely coincide with the height of election season. If SCOTUS rules in favor of Trump, the charges against him will be dropped.
President Trump has made several false claims about the 2020 election and is accused of trying to use fake electors to prevent the certification of President Joe Biden’s victory.
Neither the Justice Department nor Trump’s representatives immediately responded to requests for comment from Business Insider.