Jack Smith asks SCOTUS to deny Trump immunity in D.C. election case


Special counsel Jack Smith asked the Supreme Court to reject former President Donald Trump’s claims to presidential immunity in his D.C. election case against him.

Smith has charged Trump on counts of conspiracy to defraud, conspiracy to obstruct an official proceeding, obstruction of, and attempt to obstruct an official proceeding, and conspiracy against rights. He has pleaded not guilty and the trial is on hold until the top court decides on his claims to enjoy immunity from prosecution in the case. Oral arguments are slated for April 25.

Trump has further asked the court to dismiss Smith’s case against him on the immunity grounds, saying “[t]he Court should reverse the D.C. Circuit and order the dismissal of the indictment. If the Court finds further fact-finding necessary, it should remand to the district court to apply the doctrine in the first instance.”

In his filing on Monday, Smith claimed that “[t]he Framers never endorsed criminal immunity for a former President, and all Presidents from the Founding to the modern era have known that after leaving office they faced potential criminal liability for official acts,” NBC News reported.

“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,” he added.

Should the court side with Trump, however, it will not necessarily end Smith’s legal efforts against him as he brought unrelated charges over Trump’s alleged mishandling of classified materials to which Trump has also pleaded not guilty.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.





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