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Special counsel Jack Smith is asking the Supreme Court to make an expedited ruling on whether former President Donald Trump is immune to prosecution for his alleged attempt to overturn the results of the 2020 presidential election.
A federal judge previously ruled that Trump is not immune to prosecution and that the trial could move forward. Trump's lawyers said they planned to appeal the decision.
Smith wants to bypass the appeals court and take the case straight to the Supreme Court.
"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 has been impeached but not convicted before the criminal proceedings begin," prosecutors wrote in Monday's filing.
Smith said that time is of the essence, noting that the trial is scheduled to begin in March. The filing suggests that the Justices could hear arguments and issue a ruling in a matter of weeks, allowing the trial to begin on time.