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Republican presidential candidate former President Donald Trump speaks after meeting with members of the International Brotherhood of Teamsters at their headquarters in Washington, Wednesday, Jan. 31, 2024. (AP Photo/Andrew Harnik)

OAN’s James Meyers
8:41 AM – Tuesday, February 6, 2024

A federal appeals court ruled on Tuesday that former President Donald Trump can face trial on charges that he had plans to overturn the results of the 2020 election, which rejects the 45th president’s claims that he is immune from prosecution. 


Trump has argued that a president is immune from criminal prosecution for actions that happened during time in office, unless they are first impeached by the House and convicted by the Senate. 

The latest ruling marks the second time that judges have refused Trump’s immunity arguments and stated that he can be prosecuted for actions he committed in the White House and in the run-up to the Jan. 6, 2021 demonstration. 

Trump will most likely appeal the ruling that could reach the U.S. Supreme Court. The trial was originally set for March, but was postponed last week, and the judge didn’t immediately set a new date. 

The latest trial against Trump will have massive implications, with the 45th President hoping to delay the trial until the November election. If Trump is able to win the election, he would have the ability to order a new attorney general to dismiss the federal cases or pardon himself as president. 

Meanwhile, the appeals court decision comes after the Supreme Court stated in January that it would temporarily stay out of it, while rejecting a request from special counsel Jack Smith for a speedy ruling. 

Smith’s indictment accuses the former president of knowingly spreading false accusations that the 2020 presidential election was rigged and a plot to interfere in the peaceful transfer of power after losing in 2020. 

Additionally, the Supreme Court has stood firm on the fact that presidents are immune from civil liability for official acts, while Trump’s lawyers have argued that should be extended to criminal prosecution as well. 

The next steps for Trump will most likely be that he seeks a review of the decision from the full D.C. circuit, or if he is denied, appeal to the Supreme Court. 

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