The Washington PostDemocracy Dies in Darkness

The special counsel’s most essential argument against Trump’s immunity claim

Analysis by
National columnist
April 9, 2024 at 11:11 a.m. EDT
Special counsel Jack Smith filed a brief to the Supreme Court on Monday arguing against former president Donald Trump's claim of immunity from prosecution. (Bill O'Leary/The Washington Post)
5 min

The stakes are high.

Asked to evaluate the significance of the Supreme Court’s consideration of the claim by attorneys representing former president Donald Trump that Trump should have broad immunity for actions he took as president, a panel of hundreds of political scientists asserted that they saw the outcome of the court’s decision as critical for American democracy. More than 9 in 10 said that a ruling in favor of Trump’s position would be a threat to democracy, with two-thirds calling it an extraordinary threat.