Donald Trump does not have immunity from criminal charges for actions he took as president, a US judge has ruled, rejecting his bid to toss out the case brought by Special Counsel Jack Smith accusing him of unlawfully trying to overturn his 2020 election loss.
US District Judge Tanya Chutkan found no legal basis for concluding that presidents cannot face criminal charges once they are no longer in office.
Mr Trump, the frontrunner for the Republican nomination to challenge Democratic President Joe Biden in the 2024 US election, served from 2017 to 2021.
"Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong 'get-out-of-jail-free pass," Judge Chutkan wrote in her ruling.
Because Mr Trump is the first current or former US president to face criminal charges, Judge Chutkan's ruling is the first by a US court affirming that presidents can be charged with crimes like any other citizen.
The judge also rejected Mr Trump's argument that the charges violate his free speech rights under the US Constitution's First Amendment. Mr Trump's lawyers had argued that the case by Mr Smith "attempts to criminalise core political speech and political advocacy".
Todd Blanche, a lawyer for Mr Trump, declined to comment on the ruling.
Judge Chutkan's ruling brings Mr Trump a step closer to facing a jury on charges that he plotted to interfere in the counting of electoral votes and obstruct congressional certification of Mr Biden's victory.
Mr Trump has pleaded not guilty and accused prosecutors of attempting to damage his campaign.
The trial is scheduled to begin in March.
Mr Trump can immediately appeal the ruling, which potentially could delay the trial while an appeals court and potentially the Supreme Court weigh the issue.
Mr Trump has other pending legal motions to dismiss the case based on claims that it violates his free speech rights and is legally flawed.
In addition to the case being pursued by Mr Smith, Mr Trump also faces state criminal charges in Georgia related to his actions seeking to undo his 2020 defeat and two other indictments. He has pleaded not guilty in those cases as well.
The US Justice Department has long had an internal policy not to indict a sitting president, but prosecutors said no such restrictions exist once a president leaves the White House.
Mr Trump's lawyers had made a sweeping claim that he is "absolutely immune" from charges arising from official actions he took as president, arguing that political opponents could use the threat of criminal prosecution to interfere with a president's responsibilities.
His defence team argued that the immunity US presidents have from civil lawsuits should extend to criminal charges.
Prosecutors contended that Mr Trump's argument would essentially put the US president above the law, violating foundational principles of the US constitution.
US appeals court says Trump must face lawsuits
Meanwhile, a US appeals court ruled that Mr Trump must face civil lawsuits over his role in the 6 January attack on the Capitol by his supporters, rejecting the former president's claim that he is immune
A panel of the US Court of Appeals for the District of Columbia Circuit found that Mr Trump was acting "in his personal capacity as a presidential candidate" when he urged his supporters to march to the Capitol on the day of the riot.
US presidents are immune from civil lawsuits only for official actions.
The unanimous decision focused only on whether Mr Trump could be sued, and said nothing about the merits of the cases themselves.
Mr Trump argued that his speech exhorting his followers to "fight like hell" against the certification of the election was related to a "matter of public concern" and fell within his official responsibilities.
A spokesperson for Mr Trump called the ruling "limited, narrow and procedural" and said Mr Trump was "acting on behalf of the American people" on the day of the attack.
Mr Trump has made a similar immunity argument in the federal criminal case accusing him of illegally conspiring to overturn the results of the 2020 election.
Late last night, a judge rejected Mr Trump's immunity claim in that case.
While the ruling explicitly stated it was not weighing in on Mr Trump's possible criminal immunity, both cases involve Mr Trump's conduct before and during the Capitol riot.
In their lawsuit, Capitol Police officers James Blassingame and Sidney Hemby accused Mr Trump of being responsible for physical and emotional injuries they suffered as a result of the Capitol attack.
"Today’s ruling makes clear that those who endanger our democracy and the lives of those sworn to defend it will be held to account," Patrick Malone, a lawyer for the officers, said in a statement.
