The D.C. Circuit Court of Appeals hears arguments in USA v. Donald Trump, No. 23-3228, on January 9, 2024.

At issue is whether Republican former president Donald Trump enjoys executive immunity for any actions taken during his term in office. He has been indicted in federal court for his role in instigating the violent insurrection at the U.S. Capitol on January 6, 2021.

By a unanimous decision on February 6, a three-judge panel of the D.C. Circuit concluded that Trump does not enjoy executive immunity. That means he can be prosecuted for his alleged crimes.

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