Special counsel Jack Smith has filed a motion with the U.S. Supreme Court for justices to make a determination on whether he can continue prosecuting former President Donald Trump on charges related to the Jan. 6, 2021, riot at the U.S. Capitol Building.

Fox News reported that Smith’s filing attempts to bypass an appeals court that originally expected to handle the case. Earlier, a federal judge ruled that the prosecution could move ahead, though the former president’s attorneys vowed an appeal.

“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,” Smith’s prosecutors wrote in Monday’s filing, Fox News reported.

Trump’s trial for alleged election interference has been scheduled to begin in March, a day before the Super Tuesday primaries.

Trump has also been charged by Smith in Florida for allegedly mishandling classified documents. Last month, the former president’s attorneys said in a court filing to U.S. District Judge Aileen Cannon, who is presiding over that case, that they believe Smith’s team has had “extensive communications” with President Joe Biden’s White House, the Department of Justice and the National Archives.

“I’ll post a story soon but some bombshell revelations: Trove of evidence includes ‘years’ worth of security footage from MAL. Evidence of ‘extensive communications’ btw White House, NARA, intel agencies and DOJ/Jack Smith prior to indictment to determine which files to include. Trump still had DOE security clearance related to at least one charged document as recently as June 2023. Defense might include Secret Service as a considered member of prosecution since they have own security apparatus separate from MAL,” American Greatness reporter Julie Kelly posted on the X platform.

“Judge Cannon appeared skeptical about special counsel’s assurances the March 4 trial date for DC case won’t run into May 20 trial date for classified documents case. She admonished DOJ’s Jay Bratt for his ‘level of understanding to these realities.’ She also asked for an example of DOJ bringing 2 criminal cases against same defendant in ‘compressed’ schedule while demanding trial dates 2 1/2 months apart. He had no answer,” she said.

“To emphasize: Trump’s lawyers told Judge Cannon this afternoon they have evidence that the Biden White House collaborated with NARA, DOJ, and intel agencies to determine which documents to include in Jack Smith’s indictment,” she wrote.

I’ll post a story soon but some bombshell revelations:

• Trove of evidence includes “years” worth of security footage from MAL

•Evidence of “extensive communications” btw White House, NARA, intel agencies and DOJ/Jack Smith prior to indictment to determine which files to…

— Julie Kelly 🇺🇸 (@julie_kelly2) November 1, 2023

In October, Judge Aileen Cannon “postponed a hearing on whether one of Trump’s co-defendants understood that his lawyer might have conflicts of interest.”