continue to follow breaking news and an extraordinary request by special counsel jack smith at the supreme court decide to whether the former president have immunity from prosecution for alleged crimes he committed while in office, this will be the first time the high court could weigh in on the historic prosecution of the former president. joining us now is a senior supreme court analyst job is cubic and paula reid. so, paula, this is a pretty aggressive move from the special counsel. what is the play? that is exactly right, this is the first time the special counsel jack smith has gone to the supreme court, he is asking it to decide if the former president is immune from criminal prosecution. that is a constitutional question that has never been decided, but really what is at stake is the timing of trump s first criminal trial. trump has been litigating this issue of immunity, he lost at the district court level and signaled he would appeal, the next stop would usually be