Summary

  • A landmark legal case about whether Donald Trump should be immune from criminal prosecution has been heard in Washington

  • The DC Circuit Court of Appeals panel is considering Trump's claims that presidential immunity shields him from charges of 2020 election fraud

  • Special Counsel Jack Smith has charged Trump with conspiring to overturn the 2020 election and committing fraud to stay in office

  • While Trump was not obliged to attend the hearing, he has made a point of leaving the campaign trail in Iowa to appear in court

  • Trump says he was carrying out his official duties as president on 6 Jan and in the weeks leading up to it, and he cannot be criminally charged

  • Speaking after the hearing, he said finding against his claims of presidential immunity would open "Pandora's box" and unleash "bedlam" on the US government

  • Assistant Special Counsel James Pearce attacked the claim, saying that "the president has a unique constitutional role, but he is not above the law"

  • And judges seemed sceptical of Trump's defence, asking whether it gave a president the immunity to "assassinate a political rival"

  1. Thanks for joining uspublished at 18:23 Greenwich Mean Time 9 January

    Francesca Gillett
    BBC News

    It's been a busy few hours here in DC - where an appeals court earlier questioned Donald Trump's claims that he is immune from criminal charges for trying to overturn the 2020 election.

    Trump is arguing that he had presidential immunity - that being in the White House shields him from the US government's 2020 election fraud charges.

    His lawyer earlier said that without immunity, a Pandora's box will be opened for other prosecutions.

    Trump then gave a news conference and said that without presidential immunity, Joe Biden would also be potentially open to prosecution once he left office.

    "When they talk about a threat to democracy, that's the real threat to democracy," he said.

    But the panel of US appeals court judges appeared sceptical - saying that, hypothetically, immunity could mean a president could order the assassination of a political rival, for example, and still be shielded from prosecution.

    You can read our full write-up of today's events here.

  2. Busy week for Trump aheadpublished at 18:17 Greenwich Mean Time 9 January

    ormer U.S. President Donald Trump departs after a brief press conference at a hotel, following his hearing at District Court on Trump's claim of immunity in the federal case accusing him of illegally attempting to overturn his 2020 election defeat, in Washington, U.S., January 9, 2024. REUTERS/Nathan HowardImage source, Reuters
    Image caption,

    Trump leaving the Waldorf Astoria hotel in DC, after giving a brief news conference

    It's been a full-on morning for Trump, but it's only set to continue.

    On Thursday, his civil fraud trial is set to conclude in New York City. The judge has already found Trump liable for business fraud. Now the civil trial, which is before a judge but not a jury, is focusing on six remaining causes of action alleged by the state attorney general.

    The trial will also determine the scope of the penalty, which could go as high as $370m.

    Then on Monday, it's time for the second defamation trial brought by E Jean Carroll, the New York writer who last won a $5m jury verdict against Donald Trump for sexual abuse and defamation.

    In those seven days, too, Trump also faces a turning point in his bid to return to the White House - the Iowa Republican caucuses.

    On Wednesday night he will participate in a televised town hall in Iowa. Then on Monday, Republicans across the state will gather and caucus, or agree who they want as their party's candidate in the November election.

  3. Listen: 'If a president ordered assassination, would he be prosecuted?'published at 18:16 Greenwich Mean Time 9 January

    Earlier, Trump's lawyer tried to convince a panel of three judges that former presidents should not be prosecuted for actions they took in office.

    But the judges reacted sceptically to that argument, with Judge Florence Pan saying: "You're saying a president could sell pardons, could sell military secrets, could tell SEAL Team Six to assassinate a political rival?"

    Here's more from their exchange:

    Media caption,

    Does immunity shield president who assassinates rival?

  4. 'As a president, you have to have immunity' - watch Trump after hearingpublished at 17:51 Greenwich Mean Time 9 January

    Media caption,

    Trump: 'As a president, you have to have immunity'

  5. When will we get a decision?published at 17:46 Greenwich Mean Time 9 January

    It remains to be seen when the judges will rule on Trump's claims of immunity. But the appeals court is hearing the case on an expedited schedule, so a decision could come soon.

    Special Counsel Jack Smith had asked the US Supreme Court to fast-track the case to avoid delaying a trial scheduled for March, but the court declined.

    Whoever loses the ruling can appeal it to the US Court of Appeals for the District of Columbia Circuit - or directly to the US Supreme Court.

    Trump’s lawyer indicated on Tuesday that the former president will appeal the decision if the court rules against him.

  6. Trump again says it's a persecution - which is central to his election strategypublished at 17:36 Greenwich Mean Time 9 January

    Gary O'Donoghue
    Washington correspondent

    What we listened to there from Trump just now is a political speech, accusing Joe Biden of being behind the prosecution, and trying to get into Joe Biden‘s record.

    You can see this is all tied into an election strategy - it kind of goes into the narrative that Trump is the persecuted one, and that is central to his argument.

    This is a political persecution, not a prosecution, he is saying.

  7. 'We have great arguments' - Trumppublished at 17:21 Greenwich Mean Time 9 January

    Also in his news conference, Trump added that his legal team has a great argument and if it were any other person besides him, it would be the end of this case.

    Trump also mentioned the separate Georgia election case (which you can read about here) - attacking Fulton County District Attorney Fani Willis - and says he imagines that case is going to be dropped.

    As he walked away, Trump did not answer a question from a reporter who asked if he would tell his supporters not to continue any violence.

  8. Trump maintains 'a president has to have immunity'published at 17:16 Greenwich Mean Time 9 January

    TrumpImage source, Pool

    In his brief news conference just now - at the Waldorf Astoria hotel in DC - Trump called the day "momentous".

    He reiterated points about the federal immunity case and also touched on Monday's move by his lawyers to dismiss the Georgia election case.

    Trump continued to say that this was a politically motivated case by a political opponent. He said Joe Biden is losing in every poll and every demographic.

    The case sets a "very bad precedent", he said, insisting that he "did absolutely nothing wrong".

    And he had a positive view of the day in court, though, calling it a "very good day” - and that he feels "very confident" that they will win the immunity case.

  9. Trump giving news conferencepublished at 16:47 Greenwich Mean Time 9 January

    Donald Trump is about to give a news conference. He's standing with members of his team, next to a US flag in a location somewhere in DC.

    We'll be listening and bring you the latest on what he says shortly - or you can watch by pressing Play at the top of this page.

  10. Next week's Iowa caucuses - what do you want to know?published at 16:39 Greenwich Mean Time 9 January

    Donald Trump is in Washington DC today, but he is also focusing on the political battleground that is Iowa.

    The Iowa caucuses are on 15 January - it's the first time Republicans will be able to vote for who they want to be their presidential candidate. Trump has a commanding lead in the polls, but Iowa will give our first real insights into what certain Republican voters are thinking.

    Iowa caucuses are very unique, and always raise lots of questions. If you want to know something specific, you can ask our experts about Iowa, Trump or the 2024 election by sending questions to YourQuestions@bbc.co.uk, external. Please include your name, age and location.

    We'll be answering these during our live coverage on 15 January.

    In some cases your question will be published, displaying your name, age and location as you provide it, unless you state otherwise. Your contact details will never be published. Please ensure you have read our terms & conditions and privacy policy.

  11. Trump's court appearances a big money spinnerpublished at 16:31 Greenwich Mean Time 9 January

    Gary O'Donoghue
    Washington Correspondent

    The motorcade of former US President Donald J. Trump arrives outside the E. Barrett Prettyman United States Courthouse, in Washington, DC, USA, 09 January 2024. Trump attends the courtroom as his lawyers try to convince three federal appeals court judges that the former US president is immune from charges related to his efforts to overturn the 2020 presidential election. Former US President Trump attends immunity claim argument in election interference case, Washington, USA - 09 Jan 2024Image source, EPA
    Image caption,

    The motorcade believed to be of former President Donald Trump at the court this morning

    Donald Trump didn’t have to come and attend court today and with the first instalment of the Republican primary in Iowa set for next week, candidates in his position would normally be out on the campaign trail.

    But these court appearances are huge money spinners for the former president - he raised $1m on the days when he was arraigned in New York, and Georgia.

    These appearances have become central to Trump‘s political strategy as he argues that the cases against him are politically motivated and designed to keep him out of the White House in November.

  12. Few eyes catch sight of Trumppublished at 16:17 Greenwich Mean Time 9 January

    Sam Cabral
    Reporting from the courthouse

    Protester holds sign on street
    Image caption,

    Outside the courthouse in DC, a protester held a signs

    Donald Trump was in the hearing room, but most of us reporting from the courthouse did not see him.

    The former president’s motorcade slipped in to the building through a back garage.

    There was no fanfare when he entered the room and he did not appear at any time on the live feed of the hearing that was broadcast in the media room.

    The handful of journalists inside the courtroom itself did confirm he was there, though. And at one key moment I noted before, his lawyer gestured behind him to where I imagine Trump was sitting.

    Once the hearing ended, Trump left as quickly as he had arrived, his motorcade racing down the wet Washington DC streets.

    In the chilly rain, a lone protester - referring to herself as “Trump’s number one nemesis” - shouted slogans near the back garage exit, long after Trump had already left.

  13. Case will have huge impact on nature of US presidencypublished at 16:11 Greenwich Mean Time 9 January

    Gary O'Donoghue
    Washington correspondent

    It’s no exaggeration to say this case will have a profound impact, not just on Donald Trump‘s future but also on the nature of the American presidency.

    Trump‘s lawyers say removing immunity would open a Pandora’s box from which the country might never recover.

    The government says it will be a frightening world, if presidents could take bribes, sell secrets, and even order the assassination of opponents and avoid prosecution by simply resigning before impeachment.

    Whoever comes out on top it’s highly likely the US Supreme Court will be asked to come to a final judgment, delaying any trial for weeks if not months.

  14. A trio of sceptical judgespublished at 15:56 Greenwich Mean Time 9 January

    Sam Cabral
    Reporting from the courthouse

    After about 75 minutes the hearing has just ended - and the judges peppered both sides with plenty of tough questions. Here are some of the key moments.

    What Trump's lawyer argued:

    • Donald Trump's lawyer, Dean John Sauer, argued that prosecuting a president for "his official acts" risks opening "a Pandora's box from which the nation may never recover"
    • Sauer said, without immunity, nothing could prevent the criminal prosecution of incumbent President Joe Biden after he leaves office for "mismanaging the border allegedly"
    • Judge Florence Pan - who was appointed by Biden - did not appear convinced by the Trump argument for absolute immunity. She questioned whether a president could order the assassination of a political rival and still be shielded from prosecution
    • Judge Karen Henderson, who is viewed as the jurist most sympathetic toward Trump, expressed scepticism that immunity extends to violating criminal law by trying to overturn the 2020 election results

    What the US government argued:

    • James Pearce, speaking on behalf of the special counsel's office, urged the panel to deny Trump's request for immunity because he is "not above the law"
    • But Judge Henderson and Judge Childs both expressed concern about how they might issue a ruling that prevents "tit-for-tat" prosecutions of presidents over their official acts
    • Pearce said that the future would be "extraordinarily frightening" if the kinds of offences Trump is accused of committing go unpunished
  15. That's itpublished at 15:49 Greenwich Mean Time 9 January

    Trump's lawyer Sauer was up again for a chance to give a quick five-minute rebuttal of the US government's arguments.

    And then, as abruptly as it began, the hearing finishes.

  16. 'Extraordinarily frightening future' if presidents have immunity - government lawyerpublished at 15:42 Greenwich Mean Time 9 January

    More now from Pearce (the US justice department lawyer), who argues a future in which a president enjoys total immunity is "extraordinarily frightening".

    Using the earlier hypotheticals put to Sauer - that presidents could then theoretically order assassinations and sell pardons and secrets and be protected - Pearce says a president could simply resign, to avoid criminal prosecution.

    "What kind of world are we living in if... a president orders his SEAL team to assassinate a political rival and resigns, for example, before an impeachment: Not a criminal act," he says.

    "A president sells a pardon, resigns or is not impeached? Not a crime. I think that is an extraordinarily frightening future," Pearce argues.

    He says this should weigh heavily on the court's consideration.

  17. Judge pushes back, says she's keen to avoid opening 'floodgates'published at 15:35 Greenwich Mean Time 9 January

    Sam Cabral
    Reporting from the courthouse

    Judge Henderson is the jurist on this panel who is being viewed as most likely to be favourable towards the Trump argument for immunity.

    She just asked James Pearce, the government's lawyer, how she and her two colleagues can issue an opinion that does not "open the floodgates" to tit-for-tat prosecutions of presidents and become "unavoidably political".

    Pearce says there is already "a political process, which is impeachment" and "there is a legal process which is decidedly not political".

    And he says this case is unique because it "reflects the fundamentally unprecedented nature of the criminal charges here".

    He says that, since the Nixon Era, presidents including Bill Clinton have got into trouble for their official acts, but none had allegedly acted to "subvert the democratic republic".

  18. Trump continues to fundraise for legal troublespublished at 15:31 Greenwich Mean Time 9 January

    Away from the hearing for a moment, we've seen a fundraising email that Donald Trump sent to his subscribers this morning with the title "heading to court".

    Since his first criminal indictment, former President Trump has used his legal troubles as a way to raise money.

    That was no different this morning, and in the email, he accuses President Biden and Special Counsel Jack Smith of trying to "strip" him of his rights.

    He asks supporters to make a contribution to help him "win back the White House and save our country!"

  19. Going into overtimepublished at 15:17 Greenwich Mean Time 9 January

    Sam Cabral
    Reporting from the courthouse

    Each side was allotted an initial 20 minutes to argue their case, but perhaps this was never going to be a quick affair.

    Sauer went well over his time limit, but his clock was simply reset and the hearing continued without a pause.

    In all, he took 40 minutes.

    As he ended, the panel informed him he will have five minutes to offer a rebuttal after the prosecution has spoken.

  20. Trump's lawyer finishes argumentspublished at 15:17 Greenwich Mean Time 9 January

    Time's up for Trump's attorney's arguments.

    Two of the judges - Judge J Michelle Childs and Judge Florence Pan - grilled Sauer with the most scepticism. They were both appointed by current president Joe Biden - a Democrat. At least one of them needs to be won over for the court to deliver a decision in Trump's favour.

    Now we are hearing from the Department of Justice - James Pearce is the attorney speaking for them.

    We'll bring you the key points of the exchange as it happens, so stick with us.