United States | News & Politics

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WASHINGTON — Special counsel Jack Smith on Monday asked the Supreme Court to immediately step in to decide whether former President Donald Trump has immunity from prosecution for his actions seeking to overturn the 2020 election.

"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," Smith wrote in the court filing.

More recently, the court has on several occasions taken up cases at an early stage of litigation to decide issues of national importance, such as the Biden administration's vaccine mandate for businesses and its plan to forgive student loan debt.

But since he left office in January 2021, the court has not been receptive to filings brought by the former president, including over his separate legal fight concerning presidential documents he stored at his Mar-a-Lago home in Florida.

Trump’s lawyers argue that his role in questioning the result of the election was within the “outer perimeter” of his official responsibilities as president, a phrase that appears in a 1982 Supreme Court ruling, also involving Nixon, about presidential immunity.

Trump was indicted after a sprawling investigation that included testimony from dozens of White House aides and advisors ranging in seniority up to former Vice President Mike Pence.

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