Jack Smith bashes Trump's presidential immunity claim in filing to Supreme Court

Washington DC - Special Counsel Jack Smith is urging the Supreme Court to reject Donald Trump's claim that he is immune to being prosecuted as a former president.

In a filing submitted on Monday, Special Counsel Jack Smith (l.) urged the Supreme Court to reject Donald Trump's presidential immunity defense.
In a filing submitted on Monday, Special Counsel Jack Smith (l.) urged the Supreme Court to reject Donald Trump's presidential immunity defense.  © Collage: Drew Angerer / GETTY IMAGES NORTH AMERICA / Getty Images via AFP & ALMOND NGAN / AFP

On Monday, Smith submitted a 66-page filing arguing that "no person is above the law – including the president."

Smith described "the severity, range, and democracy-damaging nature" of Trump's alleged crimes as "unique in American history" and said barring prosecution would be "the paradigmatic example of conduct that should not be immunized."

"No presidential power at issue in this case entitles the President to claim immunity from the general federal criminal prohibitions supporting the charges: fraud against the United States, obstruction of official proceedings, and denial of the right to vote," Smith wrote.

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"The President's constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them," he added.

Trump's immunity claim heads to Supreme Court

Smith is leading two federal cases against the former president – one involving his alleged efforts to overturn the results of the 2020 election and another over the mishandling of classified documents after leaving the White House.

Trump, who has pled not guilty to all charges against him, has tried to have both cases – along with many of his other legal battles – delayed or dismissed on numerous occasions.

The Supreme Court is scheduled to hear oral arguments regarding Trump's immunity defense on April 25.

Cover photo: Collage: Drew Angerer / GETTY IMAGES NORTH AMERICA / Getty Images via AFP & ALMOND NGAN / AFP

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