Federal prosecutors said Thursday that Donald Trump is “not above the law” as they urged a judge to reject the former president’s efforts to dismiss the case charging him with plotting to overturn the 2020 presidential election.

Lawyers for Trump had asked U.S. District Judge Tanya Chutkan to toss the case, saying he is immune from prosecution for acts he took while fulfilling his duties as president.

Special counsel Jack Smith’s team responded that there is nothing in the Constitution, or in court precedent, to support the idea that Trump can not be prosecuted.

“The defendant is not above the law. He is subject to the federal criminal laws like more than 330 million other Americans, including Members of Congress, federal judges, and everyday citizens,” prosecutors wrote.

Eric Tucker, The Associated Press