A United States court has ruled that former US President Donald Trump is not shielded from criminal charges for actions he took while in office, knocking out his attempt to dismiss the case brought by Special Counsel Jack Smith. The charges accuse Trump of unlawfully attempting to overturn his 2020 presidential election loss. According to the Associated Press, US District Judge Tanya Chutkan's decision dismantled Trump's defence team's argument that ex-presidents are immune from criminal charges once they leave office.
This ruling has rebuffed the challenges raised by the Trump camp against the four-count indictment. The upcoming trial is anticipated to centre on Trump's extensive efforts to challenge the election won by Democrat and Joe Biden, the AP reported.
Trump served as president from 2017 to 2021 and is currently a leading contender for the Republican nomination in the 2024 US presidential election against Democratic President Joe Biden.
"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," Chutkan wrote in the order, according to Reuters.
Chutkan rejected Trump's assertion that the indictment violates his freedom of speech. Trump's lawyers argued that his actions fell within his First Amendment rights to challenge the election's outcome and allege fraud. However, Chutkan clarified that the First Amendment does not protect speech utilised as an instrument of crime.
The judge further said, the report added, that Trump is not merely accused of making false statements but of knowingly doing so in furtherance of a criminal conspiracy and obstructing the electoral process.
“Defendant is not being prosecuted simply for making false statements ... but rather for knowingly making false statements in furtherance of a criminal conspiracy and obstructing the electoral process,” she wrote, as per The Associated Press.
The ruling has now moved Trump closer to facing a jury on charges related to his alleged interference in the electoral vote count and obstruction of Biden's certification. The ex-US President has maintained his plea of not guilty and accused prosecutors of aiming to harm his campaign. The trial is set to commence in March, but Trump has the option to immediately appeal the ruling.
US Presidential elections are also scheduled to take place in 2024.