WASHINGTON (AP) — Special counsel Jack Smith urged a federal appeals court Saturday to reject former President Donald Trump’s claims that he is immune from prosecution, saying the suggestion that he cannot be held to account for crimes in office “threatens the democratic and constitutional foundation” of the country.
The filing from Smith’s team was submitted ahead of arguments next month on the legally untested question of whether a former president can be prosecuted for acts taken while in the White House.
Though the matter is now being considered by the U.S. Court of Appeals for the District of Columbia Circuit, it’s likely to come again before the Supreme Court, which earlier this month rejected prosecutors’ request for a speedy ruling in their favor holding that Trump can be forced to stand trial on charges that he plotted to overturn the results of the 2020 election.