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 that Judge Tanya

Chuckkin 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 public importance that respondents respondents claim of impunity be resolved by this court and that respondents trial

Props or proceeds as promptly as possible if his claim of immunity is rejected.

Respondents' claims are profoundly mistaken as the district court held,

but only this court can definitively resolve them."

As the New York Times reports, the request was unusual in two ways.

Mr. Smith asked the justices to rule before an appeals court acted and he urged them to move with exceptional speed."

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