NewsFederal appeals court rules Donald Trump can be tried for 2020 election conspiracy

Federal appeals court rules Donald Trump can be tried for 2020 election conspiracy

Photo by Chip Somodevilla/Getty Images)
Photo by Chip Somodevilla/Getty Images)
Images source: © Getty Images | Chip Somodevilla

6 February 2024 20:54, updated: 7 March 2024 09:07

The federal appeals court in Washington ruled on Tuesday that Donald Trump does not have immunity. He can be tried on charges of conspiracy to overturn the 2020 elections.

Donald Trump lacks immunity

Trump previously maintained that he should be immune from criminal charges for anything he deemed to be within his presidential remit. However, this theory was rejected by Tuesday's ruling in Washington. This represents a setback for Trump, who has often claimed presidential immunity to fend off numerous accusations.

"In the context of this criminal case, former President Trump has now become Citizen Trump, possessing all the defence mechanisms available to any other defendant in a criminal case. However, any executive immunity that might have been his to claim during his presidency no longer shields him from prosecution," ruled the three-judge panel.

It is anticipated that the former president will appeal the judgement, potentially leading to the case being taken all the way to the Supreme Court. US prosecutor Jack Smith has accused Trump, aged 77, of plotting to subvert Joe Biden's victory and fraudulently maintaining his power. The hearing for this case was initially set for the 4th of March, but it was delayed until a ruling could be issued on the immunity claim.

If the case does escalate to the Supreme Court, the proceedings could be delayed by weeks or even months. Conservatives hold the majority in the Supreme Court (6:3). One judge proposed that, with immunity, Trump could betray state secrets or organise the assassination of a political adversary without fear of criminal consequence.

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