Special counsel Jack Smith calls on Supreme Court to rule on Trump immunity claim

Special counsel Jack Smith asked the Supreme Court to rule on whether former President Donald Trump can be prosecuted on charges relating to his efforts to overturn the 2020 election results.

Smith’s Monday filing seeks to go around an appeals court that had initially been expected to handle the case. A federal judge had earlier ruled that the prosecution could move forward, though Trump’s legal team vowed to appeal the ruling.

“This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,” prosecutors wrote in Monday’s filing.

Trump’s trial in the election interference case is set to begin in March.

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The Washington election interference case is one of four indictments to hit Trump over the past year. He also faces charges of mishandling classified documents arising from Florida, business fraud charges in New York, and more election interference charges in Georgia.

Trump is already engaged in a civil fraud trial in New York City. He had been expected to testify personally in the trial, but he announced on his social media platform, Truth Social, on Sunday, that he no longer plans to testify.

“As everyone knows, I have very successfully & conclusively testified in the corrupt, Biden directed, New York state attorney general’s rigged trial against me. World renowned experts, highly respected bank & insurance executives, real estate professionals, as well as others, both honest & credible, have stated, clearly & unequivocally, that I, and my very successful company, did nothing wrong! My financial statements were conservative, liquid, & ‘extraordinary,’” Trump posted.

New York Attorney General Letitia James is seeking $250 million in damages and to bar Trump from conducting business in the state. The attorney general’s complaint accuses Trump, his sons and his company of fraudulently inflating the values of his properties to obtain more favorable loan and insurance rates.

“Donald Trump already testified in our financial fraud case against him. Whether or not Trump testifies again tomorrow, we have already proven that he committed years of financial fraud and unjustly enriched himself and his family. No matter how much he tries to distract from reality, the facts don’t lie,” James told Fox News on Sunday.

Court officials said proceedings will resume Tuesday as scheduled, and Eli Bartov, an accounting expert who Trump came to see testify last week, will resume the final part of his testimony.

The Associated Press contributed to this report.