Donald Trump is not immune from prosecution as a former president and he can face charges of plotting to overturn the 2020 election, a US court has ruled.
A federal appeals court on Tuesday rejected Mr Trump’s claim that he can not be prosecuted because the allegations relate to his official responsibilities as president, bringing him a step closer to an unprecedented criminal trial.
"We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter," the unanimous panel wrote.
The court concluded that any "executive immunity" that may have shielded Mr Trump from criminal charges while he served as president "no longer protects him against this prosecution."
The ruling, which Mr Trump has already said he will appeal, rebuffs his attempt to avoid a trial on charges that he undermined American democracy and the transfer of power, even as he consolidates his position as the frontrunner for the Republican presidential nomination.
The case will remain paused until at least February 12 to give Mr Trump time to appeal to the US Supreme Court.
Mr Trump’s lawyers argued that former presidents were entitled to sweeping legal protections and could not be criminally prosecuted for official actions unless first impeached by the House of Representatives and removed from office by the Senate.
Mr Trump was impeached twice by the House, but each time Senate Republicans cast sufficient votes to acquit him of the charges. He has also been found liable of sexual assault dating back to the 90s.
Judges homed in on the broad nature of Mr Trump’s claim at a hearing on January 9, questioning one of his lawyers over whether even a president who ordered military commandos to assassinate a political rival could escape criminal prosecution without initial action by Congress.
The panel wrote in its ruling that giving Mr Trump immunity in this case would give presidents "unbounded authority to commit crimes that would neutralise the most fundamental check on executive power”.
Mr Trump has repeatedly voiced his immunity claim on the campaign trail and social media.
On January 18 he posted on his social media site Truth Social: “All presidents must have complete and total presidential immunity, or the authority and decisiveness of a president of the United States will be stripped and gone forever.”
Mr Trump did not immediately respond to a request for comment on Tuesday.
The indictment brought by Special Counsel Jack Smith accuses Mr Trump of using false claims of voter fraud to pressure state lawmakers, Justice Department officials and then-Vice President Mike Pence to thwart the certification of the election results.
It is one of four criminal cases Mr Trump is facing and one of two alleging interference in the 2020 election.
The former president has pleaded not guilty to four felony counts and accused prosecutors of a politically motivated effort to damage his campaign.
The immunity argument was previously rejected by US District Judge Tanya Chutkan in December, prompting Mr Trump to appeal.
If Mr Trump wins the US election in November, he could seek to pardon himself or direct the Justice Department to shut down the case.
Trump can ask the full DC Circuit court and the U.S. Supreme Court to review the ruling, potentially leading to weeks or months of additional delay.
