Former president Donald Trump does not have presidential immunity in his federal election-subversion case, a federal appeals court ruled unanimously on Tuesday.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the three-judge panel of the D.C. circuit court wrote in a 57-page opinion. “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”
The unanimous ruling is a major setback for Trump in the case after special counsel Jack Smith charged the former president over his alleged efforts to overturn the 2020 presidential election. Trump previously argued he has presidential immunity because the crimes that he's accused of took place before he left the White House.
Days before the D.C. circuit court decided that Trump is not immune from prosecution, U.S. district judge Tanya Chutkan postponed Trump’s January 6 case on Friday.
The trial was originally set to start March 4, the day before Super Tuesday, when voters in 15 states and one U.S. territory will cast their primary ballots. No new date for the trial has been scheduled, according to Chutkan’s order.
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