Special counsel Jack Smith urges Supreme Court to reject Trump’s claim of immunity

CNN —

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. Even if the Supreme Court finds that former presidents are entitled to some form of immunity, Smith asserted, at least some of Trump’s actions were private conduct – far removed from “official acts” – and could be prosecuted.

“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.

Smith’s filing landed in what has emerged as the most closely watched case of the Supreme Court’s current term. A broad ruling for Trump could undermine not only the special counsel’s election subversion case, but a litany of other criminal charges pending against him.

The Supreme Court will hear arguments April 25, and a decision is expected by July. Trump’s written reply to Smith is due next week.

Smith attempted to bat away Trump’s argument that if a limited form of immunity for former presidents exists, that would require lower courts to review how that immunity might be applied in Trump’s case. If a majority of the justices went that route, it could significantly delay a trial.

But the special counsel asserted that many of Trump’s actions were private. The Constitution, he said, doesn’t give a president a role in certifying