A photo illustration of Donald Trump, a presidential seal, and an image of the Supreme Court building.
  • Donald Trump is asking the Supreme Court to recognize that he had total legal immunity as president.
  • He wants to toss the special counsel Jack Smith's case over his attempt to overturn the 2020 election.
  • The Supreme Court has recognized immunity before ā€” but never in the sweeping fashion Trump requests.

Former President Donald Trump is set to have his highest-stakes legal battle for his highest-stakes criminal case on Thursday.

His lawyers are facing off against the Justice Department, trying to persuade the Supreme Court that Trump should have total immunity from criminal prosecution ā€” even for trying to overturn the results of an election.