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Politics
Jennifer Selin, Associate Professor of Law, Arizona State University

Presidential immunity has clear limits, special counsel filing says, and Trump should be tried for efforts to overturn 2020 election

Who will define the limits of the Oval Office occupant's immunity? AP Photo/Alex Brandon

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.

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