Donald Trump does not have presidential immunity and can be tried for plotting to overthrow 2020 election

6 February 2024, 15:28 | Updated: 6 February 2024, 16:58

Donald Trump speaking in Washington before the Capitol riots
Donald Trump speaking in Washington before the Capitol Riots. Picture: Alamy

By StephenRigley

Donald Trump does not have presidential immunity and can be prosecuted on charges of plotting to overturn the 2020 election, a US court has ruled.

Listen to this article

Loading audio...

Mr Trump had claimed in the landmark legal case that he was immune from criminal charges for acts he said fell within his duties as president.

But Tuesday's ruling in Washington DC struck down that claim.

Donald Trump could take his claim to the Supreme Court
Donald Trump could take his claim to the Supreme Court. Picture: Alamy

Read More: 'We are on the brink of World War Three,' says Donald Trump after three US soldiers killed in drone strike in Jordan

Read More: Donald Trump storms to victory in New Hampshire primary: What happens next?

The three-judge panel ruled unanimously that "Any executive immunity that may have protected him while he served as president no longer protects him against this prosecution."

It is the second time in as many months that judges have rejected Trump's argument that he is immune from prosecution for actions he took during his time in office and during the run up to the Capitol riots.

It is a setback for Mr Trump who has for years cited presidential immunity while battling multiple cases.

The former president is expected to appeal against the ruling, meaning the case could ultimately go to the Supreme Court where conservatives hold a 6-3 majority.

US Special Counsel Jack Smith has charged Mr Trump, 77, with conspiring to overturn Joe Biden's victory in the 2020 election and committing fraud to stay in office.

The trial in that case was initially scheduled for 4 March, but was postponed pending a ruling on the immunity claim.

It could be delayed for weeks, if not months, if the case ends up before the Supreme Court.

The date is politically significant, as the Republicans would prefer to delay it until after the US election in November.

If his nomination is confirmed and he defeats Democrat president Joe Biden, he could presumably try to use his position as head of the executive branch to order a new attorney general to dismiss the federal cases or he potentially could seek a pardon for himself.



More Latest News

See more More Latest News

Tommy Robinson pictured last year

Tommy Robinson in bid for freedom with appeal against contempt of court jail sentence after libelling teen refugee

Layla Allen died at the scene

'Cherished beyond words': Family pay tribute to 'shining light' 13-year-old killed in Merseyside house fire

Russell Brand

Russell Brand breaks silence after actor and comedian charged with rape and sexual assaults

White House weighs in to support ‘censored’ anti-abortion activists in Britain

White House looking to support ‘censored’ anti-abortion activists in Britain

Sean "Diddy" Combs.

Sean 'Diddy' Combs charged with two further counts of sex trafficking

XL Bully (FILE)

XL Bully on the loose after drive-by shooting in Sheffield as police issue urgent safety warning

Peter Serafinowicz and Sarah Alexander have split.

Amandaland star and comedian Peter Serafinowicz splits from actress wife after 23 years

Russel Brand

Comedian and actor Russell Brand charged with rape and sexual assaults

Prison nurse, 27, suspended over 'fling with drug-dealing killer' in England's worst jail

Prison nurse, 27, suspended over 'fling with drug-dealing killer' in England's worst jail

This image provided by NASA shows Nick Hague, right, Suni Williams, and Butch Wilmore. (NASA via AP)

Stranded NASA astronauts reveal they were almost trapped in space 'forever' after horror malfunction

Donald Trump demands France 'free Marine Le Pen'

Donald Trump demands France 'free Marine Le Pen' after far-right leader found guilty of embezzlement in 'witch hunt'

At a hearing on Friday, Mr Justice Jay was asked to decide the "natural and ordinary" meaning of the statements ahead of a potential trial.

Chris Eubank Jr brands boxing promoter Frank Warren a 'scumbag' - as judge urges pair to 'mediate' ahead of trial

Tunnocks Tea Cakes cleared for RAF use.

Tunnock's Tea Cakes pass RAF test after being banned for 60 years

Joanne Sharkey pictured outside court

Woman who suffocated her newborn baby and left his body in woods in 1998 avoids prison

China will impose a 34% retaliatory tariff on imports from the US

China announces additional 34% tariffs on US imports in retaliation over Trump's 'Liberation Day' levies

'NHS dentistry is broken', says MP.

'NHS dentistry is broken': Plan to boost service has ‘resulted in worsening the picture’, say MPs