The Conversation

A new filing by special counsel Jack Smith in the case he has brought against Donald Trump for his alleged attempts to overturn the 2020 presidential election provides greater detail and support for Smith’s argument that Trump, while president, committed illegal acts to reverse his 2020 election loss.

Those acts, argues Smith, were taken by Trump as a candidate for reelection and therefore are not covered by a 2024 Supreme Court opinion related to the case that says presidents’ official actions are immune from prosecution when they exercise their core constitutional powers.

But are the actions that fall outside of a president’s core constitutional powers clearly defined? Smith’s filing is not only relevant to his 2020 election subversion case against Trump but will likely affect the next and future presidents of the United States. The filing, and inevitable legal battles that will result from it, will help clarify precisely how far presidential immunity extends.