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According to the procedures, if the claim of immunity is not deemed frivolous, the appellate court decides, then the Supreme Court can decide whether to step in.

Now we come to Smith's proposal, go straight to the Supreme Court before the appellate court decides.

These requests have been made in the past, but they're rare.

(SCOTUS nerds will have fun with this.)

Smith opens by stating Trump's argument in a nutshell. You can see how silly it is (#1)

Then he says what he's doing (#2)

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