(NBC, KYMA/KECY) - A federal appeals court in Washington, D.C. ruled Tuesday that former President Donald Trump is not immune from criminal prosecution for alleged criminal acts he committed in trying to overturn the 2020 election, and the January 6 attack on the Capitol.
Trump's attorneys had argued that he was immune from prosecution due to the fact that was acting as the president at the time.
The three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia ruled that there was no basis for Trump to assert that former presidents have blanket immunity from prosecution for any acts committed as president.
Part of the ruling reads, "Any executive immunity that may have protected him while he served as president no longer protects him against this prosecution."
Trump's campaign spokesperson released a statement saying in part, "If immunity is not granted to a president, every future president who leaves office will be immediately indicted by the opposing party. Without complete immunity, a President of the United States would not be able to properly function!"
He also said this ruling will be appealed.
This will certainly delay his trial from going forward until for the time being. However, in its ruling Tuesday, the court set out a time frame saying he must file any appeal by February 12.
Special Counsel Jack Smith had asked the court to move quickly in a bid to keep the trial on schedule. However, a proposed March trial date has already been delayed indefinitely pending the resolution of the appeal.
Trump is facing a four-count indictment in Washington, including charges of conspiracy to defraud the U.S. And conspiracy to obstruct an official proceeding. He has pleaded not guilty.