Supreme Court asked to decide if Donald Trump has immunity from prosecution
- Special counsel Jack Smith asks the Supreme Court to rule quickly on whether Donald Trump can be prosecuted
- Trump’s lawyers argue former presidents cannot face criminal charges for conduct related to official responsibilities

Federal prosecutors asked the US Supreme Court on Monday to rule quickly on whether former president Donald Trump has immunity from prosecution so his trial on charges of conspiring to overturn the 2020 election can go ahead as scheduled.
“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,” Special Counsel Jack Smith said in a filing to the nation’s highest court.
Smith asked the Supreme Court, which has a 6-3 conservative majority, including three justices nominated by Trump, for an expedited ruling.
“The United States recognises that this is an extraordinary request,” the special counsel said. “This is an extraordinary case.”

“It is of paramount public importance that respondent’s claims of immunity be resolved as expeditiously as possible – and, if respondent is not immune, that he receive a fair and speedy trial on these charges,” Smith said.