Trump lost immunity in the 2020 presidential election case

Donald Trump / Photo: Melissa Sue Gerrits / Getty images / Profimedia

Former US President Donald Trump does not have immunity from criminal charges for decisions he made while in the White House, Judge Tanya Chatkan ruled, rejecting Trump's request to dismiss the case.

Special prosecutor Jack Smith accused the former president of illegally trying to overturn his 2020 election loss.

"Regardless of the immunity the current president has, the United States has only one commander-in-chief at a time, and the presidency does not provide a lifetime pass to avoid prison," Chatkan wrote in her ruling.

With Trump being the first sitting or former president to face criminal charges, the judge's decision confirms that an American president can be charged with crimes just like any other citizen.

The judge rejected Trump's argument that the charges violated the right to free speech guaranteed by the First Amendment to the US Constitution.

Trump, who has pleaded not guilty, could be arraigned in March next year, but the trial is likely to be delayed because the former US first man has the right to appeal.

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