Why Jack Smith Is Taking Trump’s Immunity Claim Straight to the Supreme Court

The special counsel has substantive and procedural reasons for wanting a quick ruling on whether Donald Trump can be prosecuted for his actions as president.
Jack Smith, the special counsel who has brought two cases against former President Donald J. Trump, made a bold move this week designed to undercut one of Mr. Trump’s chief defenses against accusations of plotting to overturn the 2020 election.
Mr. Smith asked the Supreme Court to rule on Mr. Trump’s attempts to have the election subversion charges dismissed on a sweeping claim of executive immunity before a lower appeals court even has the chance to consider the issue.
Mr. Smith also asked the justices to make their decision quickly.
“The United States recognizes that this is an extraordinary request,” he told the Supreme Court in a petition filed on Monday.

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