A United States court has ruled that former President, Donald Trump does not have presidential immunity and can be prosecuted on charges of plotting to overturn the 2020 election.
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, however, Tuesday’s unanimous ruling in Washington DC struck down that claim.
It is a setback for Trump who has for years cited presidential immunity while battling multiple cases.
“We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralise the most fundamental check on executive power – the recognition and implementation of election results,” the three-judge appeals court panel wrote in its opinion.
It added: “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defences of any other criminal defendant.”
In a statement shortly after the ruling, Trump campaign spokesman Steven Cheung said the former president “respectfully disagrees with the DC Circuit’s decision and will appeal it”.
If an appeal is filed, the case could ultimately go to the Supreme Court where conservatives hold a 6-3 majority. Mr Trump has until 12 February to do so.
“If immunity is not granted to a president, every future president who leaves office will be immediately indicted by the opposing party,” Mr Cheung said. “Without complete immunity, a president of the United States would not be able to properly function.”
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