Jack Smith tells Supreme Court to reject Donald Trump's claim of absolute immunity: 'Unprecedented'

Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington. Special counsel Jack Smith on Monday asked the Supreme Court to reject former President Donald Trump’s claim of absolute immunity, saying the lack of prior presidents facing criminal prosecution demonstrates just how gross Mr. Trump’s actions were in contesting the 2020 election results.

“Since Watergate, the Department of Justice has held the view that a former President may face criminal prosecution, and Independent and Special Counsels have operated from that same understanding. Until arguments in this case, so had former Presidents.” The move to hear the case has delayed Mr. Smith’s prosecution of Mr. Trump, and it is unclear whether the federal election fraud case will go to trial before the 2024 election.

The justices limited the case to one question: “Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”

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