But the decision, by a three-judge panel of the U.S. Court of Appeals for the District of Columbia, left open the possibility that Mr. Trump could still eventually prevail in his immunity claims after he makes further arguments as to why his fiery speech to supporters near the White House on Jan. 6 should be considered an official act, rather than part of his re-election campaign.
The court added: 'In the proceedings ahead in the district court, President Trump will have the opportunity to show that his alleged actions in the run-up to and on Jan. 6 were taken in his official capacity as president rather than in his unofficial capacity as presidential candidate.'
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