Special counsel files brief urging Supreme Court to reject Trump's immunity claim in new filing

Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former President Donald Trump in Washington, D.C., Aug. 1, 2023.The office of special counsel Jack Smith has just filed its brief urging the Supreme Court to reject former President Donald Trump's appeal claiming he should be immune from prosecution in his 2020 federal election subversion case.

"The effective functioning of the Presidency does not require that a former President be immune from accountability for these alleged violations of federal criminal law," the brief reads. "To the contrary, a bedrock principle of our constitutional order is that no person is above the law— including the President. Nothing in constitutional text, history, precedent, or policy considerations supports the absolute immunity that petitioner seeks.

The special counsel further accuses Trump of putting forward a "radical suggestion" that presidents, in general, should be assured they're immune from prosecution for any criminal acts taken while in office, arguing that "would free the President from virtually all criminal law—even crimes such as bribery, murder, treason, and sedition."

In the special counsel’s brief, Smith also requests that if the court does hold in its final ruling that a former president should be entitled to some immunity from prosecution, it shouldn't prevent the government from bringing its specific case against Trump to trial.

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