Special counsel Jack Smith is asking the conservative-majority U.S. Supreme Court to rule on a major leg of Donald Trump’s defense, that he is immune from any prosecution for actions he took while President. Smith’s question now before the justices: “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.” MSNBC on-air called it “an unexpected and fascinating legal move.” The justices can agree to tak…