Hi everyone it's 4 o'clock in New York I'm Ali Velshi in for

Nicole Wallace for Donald Trump and his legal team the federal election interference case has turned into a race against the clock.

Ever since charges were handed down in this case four months ago,

the ex-president has seen returning to the White House as his best defense.

No one is more aware of this dynamic than the Special Counsel Jack Smith, which is why the

Justice Department today took a major step.

Just a few hours ago, Jack Smith asked the Supreme Court to rule on Donald Trump's bid

to have the charges thrown out because the alleged crimes took place while he was president.

Now, this is not new. You'll recall the Judge Tanya Chuck Carter. took place while he was president.

Now, this is not new.

You'll recall that Judge Tanya Chutkin

had rejected that claim, and Trump has appealed.

Now, Jack Smith is asking the nation's highest court

to leapfrog the appeals court that is currently set to decide

the issue and settle the matter once and for all. The special counsel's move

potentially setting up the first but maybe not the last time the Supreme Court plays a role

in United States versus Donald Trump. Prosecutors say quote this case

presents a fundamental question at the heart of our democracy. Whether a former president is absolutely immune from federal prosecution

for crimes committed while in office,

or is constitutionally protected from federal prosecution when he's been

impeached by the House but not convicted by the Senate before criminal

proceedings begin. It is of imperative of public importance that Respondent's claim of impunity

...