“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 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, illegal acts to remain in power despite losing an election.” – from “Introduction” by Special Counsel Jack Smith, et al., “Answering Brief for the United States”, Filed December 30, 2023, Circuit Court for the District of Columbia
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