Special counsel Jack Smith on Monday asked the Supreme Court to decide whether Donald Trump has any immunity from criminal prosecution for alleged crimes he committed while in office – the first time that the high court will weigh in on the historic prosecution of the former president.

The extraordinary request is an attempt by Smith to keep the election subversion trial – currently scheduled for early March – on track. Smith is asking the Supreme Court to take the rare step of skipping a federal appeals court and quickly decide a fundamental issue of the case against Trump.

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