Special Counsel Jack Smith filed a 66-page brief on Monday urging Supreme Court justices to reject former President Donald Trump’s sweeping claims of presidential immunity as a defense against the election interference charges against him.
Trump pleaded not guilty to four felony federal charges in relation to allegations he attempted to overturn the 2020 election. The former president and 2024 GOP frontrunner has argued that former presidents have “absolute immunity” for official acts taken in office.
But Smith said Trump’s “radical” claim has no historical precedent and risks allowing future presidents to get away with crimes ranging from bribery to murder.
“A bedrock principle of our constitutional order is that no person is above the law — including the President,” Smith wrote in this week’s filing.
The Supreme Court is set to rule on Trump’s immunity claim on April 25, the last day of oral arguments for the top court’s current term. Trump previously appealed a lower court’s unanimous ruling that said he could be charged with the counts, leading the Supreme Court to take up the question.
The top court’s decision to hear Trump’s appeal significantly delayed the start of a potential trial, initially set to begin in March. It was a major win for Trump, who is trying to delay his myriad legal troubles as long as possible before the November election.
Legal experts told Business Insider last month that they think the conservative court is unlikely to side with Trump. Still, they said, he stands to benefit from any delays he can get.
The justices can publish their decision anytime after hearing the matter later this month. If the court rules against Trump’s immunity claim, an eventual trial would likely coincide with the height of election season. If SCOTUS rules in favor of Trump’s arguments, the charges against him would be dropped.
Trump made several false claims about the 2020 election and is accused of trying to use false electors to stop the certification of President Joe Biden’s win.
Neither the Justice Department nor a representative for Trump immediately responded to a request for comment from Business Insider.
