Donald Trump is “not above the law,” prosecutors say in opposing the former president’s bid to toss out his federal 2020 election subversion prosecution case in D.C.

U.S. prosecutors urged a federal judge Thursday to reject former president Donald Trump’s claim of absolute immunity from criminal prosecution for actions he took in office, saying that he is “not above the law” and that his indictment for allegedly conspiring to block the results of the 2020 election should not be dismissed.

“No court has ever alluded to the existence of absolute criminal immunity for former presidents,” assistant special counsel James I. Pearce wrote in a 54-page filing. The filing argued that legal principles, historical evidence and sound policy reasons establish that once former presidents leave office, they are subject to federal criminal prosecution “like more than 330 million other Americans, including Members of Congress, federal judges, and everyday citizens.”