Special Counsel Jack Smith Challenges Trump's Claims of Presidential Immunity

Smith's team argues that Trump's acquittal during his second impeachment does not shield him from criminal prosecution.

Special counsel Jack Smith has filed a brief against Donald Trump's claims of presidential immunity, arguing that such a precedent would allow future presidents to commit crimes with impunity.
Smith's team contends that Trump's acquittal during his second impeachment does not preclude him from criminal prosecution over the same matter under the 'double jeopardy' clause.
Trump's legal team argues that he enjoys 'absolute immunity from prosecution for his official acts as President' and that 'a President who is acquitted by the Senate cannot be prosecuted for the acquitted conduct.'
Smith's filing comes ahead of oral arguments scheduled for January 9, with the trial currently set to begin on March 4, 2024.
Trump is facing a total of 91 criminal counts across four federal and state indictments, all of which he has pleaded not guilty to and denied any wrongdoing.