Photo: Donald Trump in Sioux City, Iowa, 29 October 2023. The former president faces 91 charges in four separate criminal cases. Photograph: Charlie Neibergall/AP

A federal appeals court on Tuesday rejected Donald Trump’s claim that he is immune from criminal prosecution on charges that he plotted to overturn the 2020 election results because it involved actions he took while president, declining to endorse such an expansive interpretation of executive power.

The decision by a three-judge panel at the US court of appeals for the DC circuit took particular issue with Trump’s position that he could only be prosecuted if he had been convicted in a Senate impeachment trial first.

“We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power,” the unsigned but unanimous opinion from the three-judge panel said.

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