'He is wrong': Jack Smith destroys Trump's immunity arguments in new filing

Special Counsel Jack Smith on Saturday filed his brief debunking Donald Trump's arguments related to presidential immunity from criminal charges while he was in office, stating simply, "He is wrong."

The former president appealed to the United States Court of Appeals for the District of Columbia Circuit after Judge Chutkan ruled that to grant him immunity from charges related to alleged efforts to subvert the 2020 election would effectively make the ex-president a "king." Smith sought to expedite the conclusion by leapfrogging straight to the Supreme Court, but the nation's top judicial body rejected that request and insisted in seeing a traditional appellate review.

With the appeals court already working at faster-than-usual speeds, Smith has now filed his "brief in the pending immunity fight before the D.C. Circuit," according to attorney Bradley P. Moss.

In the filing, Smith explains what Trump hopes to do.

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"For the first time in our Nation’s history, a grand jury has charged a former President with committing crimes while in office to overturn an election that he lost," the filing states. "In response, the defendant claims that to protect the institution of the Presidency, he must be cloaked with absolute immunity from criminal prosecution unless the House impeached and the Senate convicted him for the same conduct. He is wrong."

Smith's team adds that "separation-of-powers principles, constitutional text, history, and precedent all make clear that a former President may be prosecuted for criminal acts he committed while in office—including, most critically here, illegal acts to remain in power despite losing an election."

Moss also noted that the timeline in this case is already laid out.

"Trump's reply is due on 1/2/24, and the Circuit will have oral arguments on week later," the legal expert added.

You can read it here.