A federal appeals court ruled Tuesday that Donald Trump is not immune from prosecution in the Jan. 6 federal election subversion case.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the U.S. Court of Appeals for the District of Columbia Circuit wrote.
Trump is charge with four counts related to his attempts to overturn the election, including conspiracy to defraud the United States and conspiracy to obstruct an official proceeding.
He has pleaded not guilty.
The former president’s lawyers argued that charges brought by special counsel Jack Smith should be dismissed because actions Trump took on Jan. 6 was part of his official duties as president which protects him from criminal liability.
On the other hand, attorneys for the special counsel said Trump lawyer’s arguments would “undermine democracy” and give presidents license to commit crimes while in the White House.
Trump is expected to ask the Supreme Court to overturn the decision.