A United States appeals court has ruled that former President Donald Trump does not have immunity from federal charges that he plotted to overturn his 2020 election defeat to President Joe Biden.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defences of any other criminal defendant,” a three-judge panel of the US Court of Appeals for the District of Columbia Circuit said on Tuesday.
“But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” its ruling read.
The decision marks the second time in as many months that judges have refused Trump’s arguments that he cannot be prosecuted for actions while he was in the White House.
A Trump campaign spokesperson said the ruling “threatens the bedrock of our Republic”.
“Without complete immunity, a President of the United States would not be able to properly function!” the spokesperson, Steven Cheung, said in a statement. He said Trump would appeal but did not say whether he would first ask for a review from the full appeals court in Washington or go directly to the Supreme Court.
The case will remain paused until at least Monday to give Trump time to appeal.
