An appeals court ruled Tuesday that former President Donald Trump does not have immunity in a case related to the 2020 presidential election.
‘Any executive immunity that may have protected him while he served as president no longer protects him against this prosecution,’ the three-judge panel ruled unanimously, striking a blow for prosecutor Jack Smith.
His case accuses Trump of using false claims of voter fraud to pressure lawmakers, Justice Department officials and then-Vice President Mike Pence to prevent certification of Joe Biden‘s election victory.
It is the second time in as many months that judges have rejected Trump’s argument that he is immune from prosecution for actions he took during his time in office and during the run up to the Jan. 6, 2021, assault on the U.S. Capitol.
The former president’s lawyers argue that he enjoys sweeping legal protections unless impeached by Congress and removed from office.
Trump could still take his claim to the Supreme Court.
It is one of four criminal cases brought against the Republican 2024 frontrunner last year.
The case, in D.C. federal court, is paused until February 12 to allow his appeals to play out.