The filing came in the federal election subversion case ahead of 9 January oral arguments

Special counsel Jack Smith has hit back at Donald Trump’s claim of immunity from criminal prosecution in a new court filing.

Mr Smith’s office argued in a Saturday filing that Mr Trump’s claim “threatens to license Presidents to commit crimes to remain in office.”

The filing came in the federal election subversion case ahead of 9 January oral arguments before a US appeals court in Washington DC, reported CNN.

“The defendant asserts (Br.1) that this prosecution ‘threatens … to shatter the very bedrock of our Republic.’ To the contrary: it is the defendant’s claim that he cannot be held to answer for the charges that he engaged in an unprecedented effort to retain power through criminal means, despite having lost the election, that threatens the democratic and constitutional foundation of our Republic,” Mr Smith wrote.

“This Court should affirm and issue the mandate expeditiously to further the public’s — and the defendant’s — compelling interest in a prompt resolution of this case,” he added.