Special counsel Jack Smith's team urged the Supreme Court on Monday night to reject former President Donald Trump's claim that he is immune from prosecution in a case charging him with scheming to overturn the results of the 2020 presidential election. The brief from prosecutors was submitted just over two weeks before the justices take up the legally untested question of whether an ex-president is shielded from criminal charges for official actions taken in the White House.
The Supreme Court then said it would take up the question, injecting uncertainty into whether the case — one of four criminal prosecutions confronting Trump, the presumptive Republican nominee for president — can reach trial before November's election. In their latest brief, Smith's team rehashed many of the arguments that have prevailed in lower courts, pointedly noting that “federal criminal law applies to the president.
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