The US Supreme Court has sent Donald Trump’s claim he is immune from prosecution for his actions while president back to a lower court.
Trump faces prosecution over his role in the deadly 6 January riots in 2021 at the Capitol in Washington DC, after he encouraged his supporters to gather at Congress to oppose the approval of Joe Biden’s 2020 election win; and alleged attempts to overturn the 2020 election result.
The former president had been charged with conspiracy to defraud the US, conspiring against the right of Americans to vote and corruptly obstructing an official proceeding and conspiring to do so.
In a historic 6-3 ruling, the justices said for the first time that former presidents have absolute immunity from prosecution for their official acts, but no immunity for unofficial acts.
But instead of deciding for themselves, the justices ordered lower courts to work out precisely how to apply their decision to Trump’s case.
The lower court must now decide whether he was acting officially or privately.
Shortly after the decision was released Trump posted on his social media network: “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”
‘The president is now king above law’
The three liberal justices all dissented from the majority opinion.
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One of them, Sonia Sotomayor, wrote: “Today’s decision to grant former presidents criminal immunity reshapes the institution of the presidency. It makes a mockery of the principle, foundational to our constitution and system of government, that no man is above the law.”
Ms Sotomayor added: “In every use of official power, the president is now a king above the law.” She concluded: “With fear for our democracy, I dissent.”
Former attorney general Eric Holder said the decision was “absurd and dangerous”, tweeting: “Our democracy has been gravely wounded.”
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0:58
Biden v Trump: What you need to know
Slow handling of case favours Trump
Trump’s legal team had argued he was immune from prosecution as he was serving as president when he took the actions leading to the charges.
Special Counsel Jack Smith, who brought the charges in August last year, has opposed presidential immunity from prosecution based on the principle no one is above the law.
A trial had been scheduled to start on 4 March, before the delays over the immunity issue. Now no trial date is set.
The Supreme Court’s decision adds further delays, and if Trump becomes president again in November he may be able to use his powers to dismiss the charges against him.
The court’s slow handling of the case has already helped Trump by making it unlikely any trial on these charges could be completed before the election on 5 November.
Trump has pleaded not guilty to the charges. He still faces three other indictments.
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Mr Smith is leading two federal probes into the former president, both of which have led to criminal charges.
The Washington case focuses on Trump’s alleged efforts to overturn the 2020 election, while a case in Florida revolves around the mishandling of classified documents. A further case in Georgia also revolves around Trump’s actions after his defeat in 2020.
Trump has said the cases against him are politically motivated attempts to keep him from returning to the White House.
Trump, 78, became the first former president to be convicted of a felony in May.
He was found guilty of falsifying business records to cover up a hush money payment made during the 2016 presidential election to porn star Stormy Daniels, who says she had sex with him – a claim he denies.
At least 16 people are said to have died overnight in Israeli attacks in Gaza – as the first group of 10 children arrived in the UK for urgent NHS treatment.
Officials said more than half of those killed in the latest attacks were in Gaza City, where Israel this week began a major ground offensive.
A mother and her child died at an apartment in the city’s Shati refugee camp, according to the Shifa hospital.
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2:11
Sky News analysis shows major escalation in Gaza war
The al-Adwa and Nasser hospitals said other victims included a pregnant woman – among three killed when a house was hit in the Nuseirat refugee camp in central Gaza – and two parents and their child in the Muwasi area west of Khan Younis.
The Israel Defence Forces (IDF) launched its ground assault on Tuesday, in what it called a “new phase” in its bid to destroy Hamas and force the release of the remaining hostages.
It said it was looking into the deaths caused by the latest strikes.
Troops and tanks continued to push deeper into Gaza City on Wednesday despite widespread condemnation of the attempt to take full control of the city.
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UK Foreign Secretary Yvette Cooper has called the operation “utterly reckless and appalling”.
Ms Cooper – who last night helped greet the pro-Israel President Trump – said it would “only bring more bloodshed, kill more innocent civilians & endanger the remaining hostages”.
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3:05
Is Israel committing genocide?
Meanwhile, 10 critically ill and injured children from Gaza have arrived in Britain for medical care alongside 50 companions, the World Health Organisation said on Wednesday.
It said they were first evacuated to Jordan and that “robust” security checks were undertaken before the group got approval to travel.
The foreign secretary said the children were “unable to get the medical care they need to survive” in Gaza.
More are expected to arrive in the coming weeks, in what Health Secretary Wes Streeting said “reflects the very best of our NHS values – compassion, care and expertise when it matters most”.
A small number of children were previously brought to the UK and are being treated privately through the Project Pure Hope initiative.
Image: Smoke rises from Gaza after an explosion, as seen from Israel. Pic: Reuters
It comes as a coalition of aid groups today urged the international community to do more to stop Israel’s attacks, which it said had caused “an unprecedented humanitarian catastrophe”.
“States must use every available political, economic, and legal tool at their disposal to intervene. Rhetoric and half measures are not enough. This moment demands decisive action,” said a statement signed by the heads of more than 20 organisations working in Gaza.
Sky News analysis shows thousands of families remain in crowded tent camps in Gaza City, with the UN estimating last week that a million people remain there. Israel, however, believes 40% of the population has already fled south.
Image: Displaced Palestinians are fleeing northern Gaza as the new offensive escalates. Pic: Reuters
Many are taking what little they can and attempting the perilous journey south after Israel warned them to evacuate ahead of it new offensive.
The IDF said another route south for those fleeing would open from noon local time on Wednesday, running along Salah al-Din street along Gaza’s coastline, for two days.
Israel has not said how long its Gaza City operation will last, but that it will involve both air and ground forces and the number of soldiers will increase over the coming days.
It insists it takes strenuous efforts to issue warnings and avoid civilian casualties, but that it’s complicated by Hamas deliberately embedding itself in civilian areas.
Health officials in Gaza say nearly 65,000 people have died in the two years of the war – a figure that does not specify the number of Hamas members killed.
The terror attack on Israel in October 2023 killed around 1,200 and saw 251 taken hostage. Forty-eight remain in Gaza, but fewer then half are though to still be alive.
Sir Keir Starmer is under mounting pressure to raise Israel’s bombardment of Gaza with Donald Trump during his UK state visit, after a UN Commission said a genocide was taking place.
Sir Ed, who is boycotting the state dinner being held for Mr Trump, said Sir Keir must “press” the president now.
He said: “What is happening in Gaza is a genocide. And the president of the United States, who wants a Nobel Peace Prize, is doing nothing to stop it.”
Image: Displaced Palestinians flee northern Gaza. Pic: AP
Israel‘s foreign ministry said it “categorically rejects this distorted and false report” and called for the commission to be abolished.
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3:05
Is Israel committing genocide?
‘We cannot be bystanders’
Reports suggest the situation will be a talking point between Sir Keir and Mr Trump during his visit.
It comes before the UK is due to recognise a Palestinian state at the UN General Assembly later this month, along with allies including Canada and France.
In a late night statement, Canada’s foreign ministry described the Gaza City offensive as “horrific”.
Lib Dem leader Sir Ed added: “We have long said that Hamas is genocidal and condemned them for their actions.
“Now, I think we have to say that what the Netanyahu government is doing amounts to genocide.”
Labour MP Rosena Allin-Khan, a former shadow minister, also called on her party leader to make discussing the situation in Gaza with Mr Trump a “top priority”.
Speaking to Sky News’ Politics Hub With Sophy Ridge, she said: “We say ‘never again’ when we look at Bosnia and Rwanda, but here we are again, and it’s been livestreamed, and we’ve all seen it.
“We cannot be bystanders to a genocide.”
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8:51
‘We cannot be bystanders’
UN report pulls no punches
The accusation of genocide is made by the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory.
It alleges Israel has been “killing Palestinians or forcing them to live in inhumane conditions that led to death; causing serious bodily or mental harm, including through torture, displacement and sexual crime; deliberately imposing inhumane conditions, and fourthly, imposing measures intending to prevent births”.
Earlier this month, the International Association of Genocide Scholars also passed a resolution stating that Israel’s conduct passed the threshold of committing genocide.
However, a report from the British government said it had “not concluded” that Israel intended to “destroy in whole or in part a national, ethnic, racial or religious group”.
Nearly 65,000 people are now believed to have died, according to figures collated by Gaza’s Hamas-run health ministry. It does not distinguish between civilians and combatants in its count.
As the Israeli army advances on Gaza City, thousands of families remain in the city’s crowded tent camps.
Sky News analysis of satellite imagery taken on Monday 15 September shows tent camps stretching across the western half of the city.
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A close-up view shows one camp spilling out on to the city’s beaches.
Image: Tents on the Gaza City beachfront on 15 September 2025. Pic: Planet Labs PBC
The Israel Defence Forces (IDF) launched its ground assault overnight on Tuesday 16 September, in what the military said was a “new phase” in its offensive.
“Gaza is burning,” defence minister Israel Katz posted on X as the operation began. “IDF soldiers are fighting bravely to create the conditions for the release of the hostages and the defeat of Hamas.”
UK Foreign Secretary Yvette Cooper described the offensive as “utterly reckless and appalling”, adding that it “will only bring more bloodshed, kill more innocent civilians & endanger the remaining hostages”.
Footage verified by Sky News shows Israeli tanks entering the Gaza Strip from the north overnight on Tuesday.
Israeli soldiers later filmed themselves in an area just north of Gaza City.
Satellite imagery taken a day earlier shows that while some tent camps in the area have been abandoned in the past few days, many others have not.
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The IDF advance comes after an intense week of airstrikes targeting buildings in Gaza City. Sky News has verified dozens of videos showing strikes on buildings across the city.
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Several of these strikes destroyed entire tower blocks, such as this strike on Al Ghafari Tower.
At least 50 people were killed across the Gaza Strip on Tuesday, health officials said, most of them in Gaza City.
The IDF said it estimated 40% of people in Gaza City had fled south, while Hamas said that only 190,000 out of 1.3 million residents had left (15%).
An evacuation order for the entire city was first issued on 9 September, with a map on 13 September instructing Palestinians to flee to what Israel has designated a “humanitarian area” along a stretch of sandy coastline known as Al Mawasi.
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Satellite imagery from Sunday 14 September shows that the area is already crowded with tents.
Image: Tents in the IDF-designated Al Mawasi humanitarian zone on 14 September 2025. Pic: Planet Labs PBC
Last week, the UN’s Gaza humanitarian country team said that “neither the size nor scale of services provided is fit to support those already there, let alone new arrivals”.
Those fleeing south face a journey of at least 15km (9.3 miles), much of it through Israeli-designated combat zones. Local health officials said at least one vehicle travelling south from Gaza City had been hit by an Israeli strike.
Among those staying put on Tuesday was Um Mohammad, who lives in the Sabra neighbourhood of Gaza City.
“It is like escaping from death towards death, so we are not leaving,” she said.
The IDF says the next stage of the operation will involve both air and ground forces, and that the number of soldiers involved will increase over the coming days.
Additional reporting by Sam Doak, OSINT producer.
The Data and Forensics team is a multi-skilled unit dedicated to providing transparent journalism from Sky News. We gather, analyse and visualise data to tell data-driven stories. We combine traditional reporting skills with advanced analysis of satellite images, social media and other open source information. Through multimedia storytelling we aim to better explain the world while also showing how our journalism is done.