Special counsel Jack Smith rebuffs Trump’s immunity claim in new filing

Special Counsel for the Department of Justice Jack Smith rebuffed former President Trump’s claim that he should get immunity in Smith’s case related to efforts to overturn the 2020 election in a Saturday filing.

The former president’s legal team has said that Trump should be immune from prosecution in the case because the conduct noted in the indictment happened while he was in office. That argument was previously rejected by Judge Tanya Chutkan, the judge originally overseeing the case.

The former president appealed to the District of Columbia Circuit Court of Appeals. 

“An individual who has served as President but is no longer in office may face investigation, indictment, trial, and, if convicted, punishment for conduct committed during the Presidency,” the filing read. “The President stands alone in the constitutional firmament, but legal principles and historical evidence establish that, once out of office, a former President may face federal criminal prosecution like any other citizen.”

Last week, the former president went after Smith in Christmas Eve posts on Truth Social. In one post, he said he is “fully entitled” to total presidential immunity when it comes to the charges he faces in Smith’s case related to efforts to overturn the 2020 election. He also doubled down on his claims that Smith is working on President Biden’s behalf.

“THEY SPIED ON MY CAMPAIGN, LIED TO CONGRESS, CHEATED ON FISA, RIGGED A PRESIDENTIAL ELECTION, ALLOWED MILLIONS OF PEOPLE, MANY FROM PRISONS & MENTAL INSTITUTIONS, TO INVADE OUR COUNTRY, SCREWED UP IN AFGHANISTAN, & JOE BIDEN’S MISFITS & THUGS, LIKE DERANGED JACK SMITH, ARE COMING AFTER ME, AT LEVELS OF PERSECUTION NEVER SEEN BEFORE IN OUR COUNTRY??? IT’S CALLED ELECTION INTERFERENCE. MERRY CHRISTMAS!” Trump said in another Christmas Eve post.