The Court of Appeals rejected Donald Trump's request for criminal immunity

A federal appeals court ruled on Tuesday (February 6) that Donald Trump is not immune from charges that he planned to overturn his 2020 election defeat, bringing the former US president closer to an unprecedented criminal trial. A three-judge panel of the District of Columbia Court of Appeals rejected Donald Trump's argument that he cannot be prosecuted because the allegations relate to his official responsibilities as president.

The former president has already announced that he wants to appeal this decision, which he rejects in his attempt to avoid prosecution on charges of undermining American democracy and the transition of power, even as he strengthens his position as the preferred candidate for the Republican nomination in the presidential election. “With all due respect, President Trump disagrees with the court’s decision and will appeal it.”announced its spokesman Stephen Cheung.

Donald Trump's lawyers have argued that former presidents enjoy broad legal protections and cannot be criminally prosecuted for official acts unless they are first impeached by the House and removed from office by the Senate.

Interfering in the 2020 elections

During his term, Donald Trump was targeted for impeachment twice by the House of Representatives, but each time, Senate Republicans voted enough to acquit him of the charges.

The indictment filed by special counsel Jack Smith accuses Trump of using false claims of election fraud to pressure state legislators, Justice Department officials and then-Vice President Mike Pence, in order to thwart the certification of the election results. It is one of four criminal cases facing Donald Trump and one of two allegations of interference in the 2020 election.

Donald Trump has pleaded not guilty to four charges and accused prosecutors of trying to damage his campaign for political reasons. District Judge Tanya Chutkan rejected the immunity argument in December, prompting Donald Trump to appeal.

Even if the courts do not accept Donald Trump's argument, the appeal is likely to achieve its goal of delaying and possibly postponing the trial scheduled for March 4 until after the November election. The case is on hold while Donald Trump appeals. If Donald Trump wins the election, he could pardon himself or order the Justice Department to close the case.