The special counsel pursuing federal criminal charges against Donald Trump for his efforts to overturn his 2020 election loss filed a U.S. Supreme Court brief on Monday urging the justices to reject the former president’s bid for immunity from prosecution on the principle that “no person is above the law.”
“The effective functioning of the presidency does not require that a former president be immune from accountability for these alleged violations of federal criminal law,” Smith wrote. “To the contrary, a bedrock principle of our constitutional order is that no person is above the law including the president.”
In August 2023, Smith brought four federal criminal counts against Trump in the election subversion case, including conspiring to defraud the United States, obstructing the congressional certification of Biden’s electoral victory and conspiring to do so, and conspiring against right of Americans to vote.
Case President Claim Certification Immunity Trump Law Peter Chiarelli Ray Mabus Tanya Chutkan
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