Donald Trump does not have presidential immunity, court rules

The former President had been relying on a legal point to protect him from a crucial upcoming court case – but not any more.

Donald Trump does not enjoy presidential immunity and can be prosecuted over allegations he tried to overturn the 2020 election which he lost, a US court has ruled.

The former US president had argued that the case couldn’t be tried as decisions he made while he was in the White House were not liable to criminal prosecution.

His legal team has said he will appeal the decision.

US special counsel Jack Smith has charged the 77-year-old with conspiring to reverse the 2020 presidential election result and commit fraud to remain in office.

The former head of state’s lawyers had said a ruling against Mr Trump would have a “chilling effect” on decisions made by future presidents.

They added that Mr Trump was merely trying to “ensure election integrity” and because the Senate never voted to convict him of impeachment, he was immune.

But the US Court of Appeals for the District of Columbia Circuit in Washington DC threw out the justification.

Republican presidential candidate and former US President Donald Trump talks reporters at the International Brotherhood of Teamsters headquarters on January 31, 2024 in Washington, DC. (Photo by CHIP SOMODEVILLA / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defences of any other criminal defendant,” the court wrote.

“But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution”.

During arguments last month before the appeals court all three justices appeared sceptical of the immunity arguments put forward by Mr Trump’s lawyer.

“I think it’s paradoxical to say that his constitutional duty ‘to take care that the laws be faithfully executed’ allows him to violate criminal laws,” said Judge Karen Henderson, an appointee of former Republican president George W Bush.

The BBC reported that Judge Florence Pan, who sat on the DC court, said if Mr Trump was protected from decisions he made while in office then theoretically he and other sitting presidents could sell state secrets or order assassinations with no fear of being prosecuted.

Special counsel Jack Smith is pursuing Donald Trump and has accused of him of trying to overturn the 2002 election. (Photo by SAUL LOEB / AFP)

Mr Trump will appeal which means the case could eventually be heard by the Supreme Court, the highest court in the US.

While president, he appointed three judges to the Supreme Court which has a conservative majority.

“If immunity is not granted to a president, every future president who leaves office will be immediately indicted by the opposing party,” Trump spokesman Steven Cheung told AFP.

The election trial was due to begin on March 4 but was halted while the immunity case was in court. It will now be further delayed as an appeal take place.

The ruling does not bar Mr Trump for running for the White House again. But it does mean he can be tried and potentially prosecuted.

Mr Trump also faces election interference charges in the state of Georgia and has been indicted in Florida on charges of illegally taking large numbers of top secret documents with him on leaving the White House.

Mr Trump was impeached twice by the Democratic-controlled House of Representatives while in office but acquitted both times.

He is currently the frontrunner to be the presidential nominee for the Republican Party. Only former US ambassador to the UN Nikki Haley stands between him and a rematch with current president Joe Biden.

– with AFP.

Originally published as Donald Trump does not have presidential immunity, court rules