Special Counsel Argues No Person, Not Even President Trump, Is Above the Law

Challenging Presidential Immunity

Special Counsel Urges Supreme Court to Reject Trump's Bid for Immunity

Legal Standoff

Special Counsel Jack Smith contends that no one, not even a former U.S. president, should be immune from prosecution. In a recent brief to the U.S. Supreme Court, he urged the justices to dismiss Donald Trump's attempt to claim immunity in the face of charges related to alleged election interference. Smith filed the brief on Monday, ahead of the scheduled oral arguments on April 25 regarding Trump's immunity claims.

Principle of Accountability

In the filed brief, Smith emphasized that the effective functioning of the presidency does not hinge on granting immunity to a former president for potential violations of federal criminal law. He stressed that upholding the principle that no individual is above the law, including the president, is fundamental to the constitutional order. Smith is pursuing four federal criminal counts against Trump for his alleged involvement in election subversion activities.

Charges Against Trump

Among the charges brought by Smith are conspiring to defraud the United States, conspiring to obstruct and obstructing the congressional certification of Joe Biden's electoral victory, and conspiring against the right of Americans to vote.

Legal Defense

Donald Trump has maintained his innocence in the election subversion case and in three other criminal cases. He has consistently portrayed these prosecutions as politically motivated. The former president has also underscored the significance of presidential immunity, emphasizing that the prospect of future prosecution could unduly influence critical presidential decisions.

Backing from Former Officials

Special Counsel Jack Smith's stance received support from a group of 19 retired four-star U.S. military officers and other former high-ranking national security officials. In a supporting brief, they criticized Trump's immunity claim as contradictory to the foundational principles of democracy. They cautioned against the potential consequences of allowing such a claim to stand, emphasizing the risks to America's global role as a democracy guardian and the potential exacerbation of authoritarianism, which could threaten national security both domestically and internationally.

Judicial Response

Two lower courts have already dismissed Trump's immunity claim. However, the Supreme Court's decision to hear arguments on the matter has delayed Trump's election subversion trial, providing him with a strategic advantage as he navigates legal challenges while considering a potential return to the White House.