Special counsel Jack Smith on Wednesday submitted a new filing in his DC election case against former President Donald Trump, arguing that he is not immune from prosecution in light of the Supreme Court’s recent ruling on presidential immunity.
Smith originally charged Trump with four counts related to his efforts to challenge the 2020 presidential election. Trump had argued he was immune form prosecution due to presidential immunity. The Supreme Court, earlier this year, found that the president enjoys immunity for constitutional acts and presumptive immunity for official acts. Smith subsequently filed a revised indictment and has asked the court to determine that Trump’s alleged conduct does not fall within the scope of presidential immunity.