Special counsel Jack Smith urged the Supreme Court on Monday to reject Donald Trump’s claims of sweeping immunity and to deny the former president any opportunity to delay a trial on charges that he attempted to subvert the results of the 2020 election.
Trump’s position, Smith told the court, has no grounding in the Constitution, the nation’s history or Americans’ understanding that presidents are not above the law. “The 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,” Smith told the court.
Under that scenario, the court could send the case back to lower courts for more proceedings – a move that would push off a trial for months – to determine whether any partial theory of immunity would apply in his case. But Smith flatly rejected the argument that the case could be delayed on those grounds.
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