Special counsel asks Supreme Court to decide whether Trump has immunity

Former President Donald Trump speaks after exiting the courtroom for a break at New York Supreme Court on Dec. 7 in New York.

Eduardo Munoz Alvarez / Eduardo Munoz Alvarez

The special counsel prosecuting Donald Trump for interfering in the 2020 election is asking the U.S. Supreme Court to hit fast-forward and hear a dispute about whether the former president enjoyed broad immunity from criminal charges as a result of his position.

Lawyers working for special counsel Jack Smith assert the case warrants “immediate review” by the highest court in the nation, in part because the March 2024 trial date for Trump hangs in the balance. They said their “extraordinary” request befit this extraordinary case.

“Nothing could be more vital to our democracy than that a President who abuses the electoral system to remain in office is held accountable for criminal conduct,” the special counsel lawyers wrote.