'The most critical piece': Jack Smith tells SCOTUS to reject Trump's immunity plea

Special Counsel Jack Smith filed Monday his argument to the Supreme Court against Donald Trump's presidential immunity plea, court records show.

Smith delivered a 66-page condemnation of the former president's claim that his actions between the 2020 presidential election and U.S. Capitol riots on Jan. 6, 2021, are beyond the reach of prosecution in the special counsel's federal election interference case.

"Petitioner’s use of official power was merely an additional means of achieving a private aim—to perpetuate his term in office," Smith writes. "That is prosecutable based on private conduct."

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The nation's highest court is slated to hear arguments on April 25 on whether Trump can face prosecution in Judge Tanya Chutkan's courtroom. That case has stalled as this argument worked its way through the appeals court system.

While Trump contends a president must enjoy absolute immunity to represent the nation as its commander in chief, Smith argues such power would undercut the fundamental structures of American democracy.

Trump has pleaded not guilty to the charges levied by Smith.

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Former federal prosecutor Joyce Vance was among the first to spot the filing, and took particular interest in Smith's plea, buried in the outline of his argument.

"This may be the most critical piece," Vance wrote. "Smith tells the Court, even if you think there might need to be some immunity for a president, it's not this case. Let this one go to trial."

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