Special counsel Jack Smith on Monday made an expedited appeal to the Supreme Court on the question of Donald Trump’s immunity claim, which the former president has invoked in the hopes of protecting himself from federal charges related to his alleged efforts to overturn the 2020 election.

“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,” Smith wrote in a legal filing. “…The United States recognizes that this is an extraordinary request. This is an extraordinary case.”

Smith, who is spearheading the Biden Justice Department’s prosecution of Trump, urged the Supreme Court to rule on the immunity argument immediately, so that his trial can “proceed as promptly as possible if his claim of immunity is rejected.” The case concerns Trump’s alleged interference in the 2020 election. In the grand jury’s indictment, Trump was charged with conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding.

Earlier this month, Trump was denied immunity by Judge Tanya Chutkan, who is presiding over the criminal 2020 election case. The D.C. Circuit Court of Appeals also delivered a tentative decision that Trump has not established that he has immunity from civil lawsuits for his actions leading up to the Capitol riot on January 6, 2021. Trump’s conduct prior to the certification of the 2020 election results, including his January 6 speech outside the Capitol, have not been determined “official” or “unofficial” acts yet, the three-judge panel said.