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The filing was the main submission from Jack Smith, the special counsel prosecuting the former president. The case will be argued on April 25.
“The absence of any prosecutions of former presidents until this case does not reflect the understanding that presidents are immune from criminal liability,” Mr. Smith wrote. “It instead underscores the unprecedented nature of petitioner’s alleged conduct.”
https://www.nytimes.com/2024/04/08/us/supreme-court-trump-immunity-jan-6.html
“The absence of any prosecutions of former presidents until this case does not reflect the understanding that presidents are immune from criminal liability,” Mr. Smith wrote. “It instead underscores the unprecedented nature of petitioner’s alleged conduct.”
https://www.nytimes.com/2024/04/08/us/supreme-court-trump-immunity-jan-6.html