Special counsel Jack Smith asked the Supreme Court to weigh if former President Trump has presidential immunity from prosecutions related to charges that stem from his conduct while he was in office.
In an 81-page filing, Mr. Smith said the issue is critical to democracy and the high court must settle the question of whether Mr. Trump is immune from federal prosecution for crimes he allegedly committed while president.
“A cornerstone of our constitutional order is that no person is above the law. The force of that principle is at its zenith where, as here, a grand jury has accused a former President of committing federal crimes to subvert the peaceful transfer of power to his lawfully elected successor. Nothing could be more vital to our democracy than that a President who abuses the electoral system to remain in office is held accountable for criminal conduct,” Mr. Smith wrote.
It would take four justices to vote in favor of hearing the dispute.
Mr. Smith petitioned the high court after Mr. Trump’s legal team claimed he enjoys presidential immunity for a case set to go to trial in March. In the case, Mr. Trump is charged with four crimes related to attempts to overturn the 2020 election results.
The charges are conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against the right to vote.
A federal judge in Washington ruled against Mr. Trump’s claim of presidential immunity.
The government asked the justices to hear the case in an expedited manner to resolve the issue before the end of the court’s term in June.
“The United States recognizes that this is an extraordinary request. This is an extraordinary case,” Mr. Smith wrote.
Mr. Trump’s campaign and legal team did not immediately return requests for comment.
Depending on how the court could rule on the matter, it could impact other federal prosecutions of Mr. Trump. He also is charged with illegal possession and mishandling of classified government documents after leaving office.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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