Summary

  • 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

  • The DC Circuit Court of Appeals panel announced the decision on Tuesday

  • The former president is expected to appeal against the ruling

  • Special Counsel Jack Smith has charged Trump with conspiring to overturn the 2020 election

  • But Trump claimed he was carrying out his official duties as president when the 6 January riots happened, and in the weeks leading up to it

  • Trump has claimed having no presidential immunity would open "Pandora's box" and unleash political backlash against future presidents

  1. How did we get here?published at 16:14 Greenwich Mean Time 6 February

    US Special Counsel Jack Smith has charged Donald Trump 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.

    Last month, a panel of three judges heard the case at the US Court of Appeals for the DC Circuit.

    The argument from Trump's lawyer hinged on the idea that a president who is not convicted for impeachment by Congress cannot be subject to criminal proceedings.

    Trump, they noted, was impeached by the House of Representatives but never convicted by the Senate.

    The judge presiding over the trial had already rejected this argument in December.

    Judge Tanya Chutkan wrote at the time that the presidency "does not confer a lifelong 'get-out-of-jail-free' pass".

    At the hearing, the judges - two Democratic appointees and one Republican appointee - were sceptical of the former president's argument.

    One, Judge Florence Pan, suggested that immunity would allow a president to sell state secrets or order the assassination of a political rival without being concerned about criminal prosecution.

  2. Court says there must be checks on executive powerpublished at 16:11 Greenwich Mean Time 6 February

    Let's look at the ruling from the US Court of Appeals for the DC Circuit.

    The three-judge panel wrote in its opinion:

    "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."

    It added:

    Quote Message

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

    You can read the document in full here, external.

  3. No presidential immunity for Trumppublished at 16:09 Greenwich Mean Time 6 February
    Breaking

    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.

    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 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 court cases.

    Stick with us as we bring you the latest reactions and analysis to this news.