Hey everyone. It is 4 o'clock in New York. I'm Elisi Menendez in for

Nicole Wallace. As viewers of this program are aware, Special Counsel Jack Smith is a prosecutor that stays out of the

spotlight.

He prefers instead to speak through his filings.

And that is why his latest brief in the federal election case merits our

attention. Over the weekend the Justice Department responded to Trump's

claims that he is immune from prosecution because what he did was

within the scope of his duties as

president of the United States. That's an argument that Trump is taking to the

courts in order to try and get the whole election case dismissed.

While the special counsel is speaking to the appeals

court that will hear oral arguments next week, let's be honest, he's also

speaking to any of us who care about the health of our democracy.

Prosecutors acknowledge the fact that we are dealing with an

unprecedented situation. Quote, for the first time in our nation's history a grand

jury has charged a former president with committing crimes while in office to overturn an election that he lost.

In response, the defendant claims to protect the institution of the presidency,

he must be cloaked with absolute immunity from criminal prosecution

unless the House impeached and the Senate convicted him for the same conduct.

He is wrong. The Special Counsel also suggests that more than just the indictment of Donald Trump and the election is at stake here.

Quote, the presidency plays a vital role in our constitutional system, but so does the principle of accountability for criminal acts, particularly those that strike at the heart of the democratic process.

Rather than vindicating our constitutional framework, the defendant's sweeping immunity claim threatens to license presidents to commit crimes to remain in office.

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