Special counsel Jack Smith responded Wednesday to former President Donald Trump‘s bid to halt criminal proceedings against him while seeking to undo an appeals court decision that found he lacked presidential immunity, saying the Supreme Court must deny Trump’s efforts.

“Now that the court of appeals has ruled against him, unanimously rejecting his interlocutory immunity appeal, the burden shifts to him to justify further delay while he seeks discretionary review in this Court,” Smith wrote in a 40-page response to the high court.