Special Counsel Jack Smith has just filed the answering brief in Donald Trump's appeal of the denial of his motion to dismiss the Washington DC criminal case on absolute presidential immunity grounds. In this answering brief special counsel Jack Smith gives all

of the reasons why Donald Trump and no former president should

ever be entitled to absolute presidential immunity for the criminal conduct they engage in while they are in office.

Just take a look at how Special Counsel Jack Smith starts this brief.

Here's the introduction.

It states, 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, referring

to Donald Trump, the defendant claims that 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.

Separation of powers principles, constitutional text, history and precedent, all make clear that a former president

may be prosecuted for criminal acts he committed while in office, including most critically here, a legal

acts to remain in power despite losing an election. 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, and again in this answering brief, that's

how Donald Trump is referred to appropriately, the criminal defendant or the defendant.

The defendant's sweeping immunity claim threatens to license

presidents to commit crimes to remain in office. The founders did not

intend and would never have countenanced such a result.

And multiple safeguards ultimately enforced by the Article 3 courts protect against any potential burdens on the

presidency that the defendant claims to fear. The defendant asserts that this prosecution, quote,

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