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Authored by Stephen Katte via The Epoch Times,

Special counsel Jack Smith in his final filing before the hearing is urging the Supreme Court to reject former President Donald Trump’s presidential immunity claim and deny any motions to delay a trial on charges related to the 2020 federal election conspiracy case.

Prosecutors from the DOJ allege President Trump attempted to overturn the 2020 election result on Jan. 6, 2021, charging him with four counts of conspiracy and obstruction.

Former President Trump has denied he did anything wrong by calling for transparency and audits of the vote counts in swing states, and maintains presidential immunity for his actions on that day, which prevents prosecution for any actions he took while still in the top job.

In a fresh court brief on April 8, Mr. Smith pressed that President Trump’s argument for presidential immunity over official acts as president has no grounding in the Constitution, the nation’s history, or Americans’ understanding that presidents are not above the law.

According to Mr. Smith, former President Richard Nixon’s official conduct revealed during the Watergate scandal is the closest historical precedent for this situation.

Mr. Smith says President Nixon eventually accepted a pardon from his successor, former President Gerald Ford, and that “his acceptance of a pardon implied his and President Ford’s recognition that a former President was subject to prosecution.”

Mr. Smith claims that despite President Trump’s claim of presidential immunity, all former presidents knew and wholly understood they were open to facing criminal charges for conduct while in the White House.

Trump Brief Argues Presidents Need Immunity to Function Effectively

Former President Trump has continued to argue that official acts by presidents should have immunity from criminal prosecution. Last month, he asked the Supreme Court to hold that he and other former presidents enjoy absolute criminal immunity from prosecution for official acts during their time in office.

According to him, from 1789 to 2023, no former or sitting president has faced criminal charges for their official acts, and for good reason.

The attorneys general from 18 Republican states have submitted an amicus brief in support of President Trump’s argument, saying Mr. Smith’s legal efforts against the presumed GOP 2024 presidential nominee is partisan in nature.

Attorneys for President Trump on March 19 argued that presidential immunity is necessary in the context of criminal prosecution to prevent cycles of recrimination and even political “blackmail” of sitting presidents.

The Supreme Court is set to hear oral arguments on April 25. It will examine what presidential immunity covers and how it should affect the nation’s separation of powers in future administrations.

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The outcome for the case could impact President Trump’s other legal battles, in which he also argues presidential immunity as a defense.

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