The court’s conservative majority voted 6-3 that presidents were protected from prosecution for official actions that extended to the “outer perimeter” of their office but could face charges for unofficial conduct.

Mr Trump is accused inter alia of overseeing an effort to subvert the 2020 election, including counts of conspiring to defraud the government and to disenfranchise voters as well as to obstruct the certification of the election results.

The court sent the case back down to the the presiding US district judge Tanya Chutkan, who must determine whether Mr Trump’s actions were official acts.

She will decide if particular conduct is a core presidential function that carries absolute immunity, an official act within the outer perimeter of the presidency that has presumptive immunity, or an unofficial act that enjoys no immunity.

To rebut the presumption of immunity the judge will have to decide whether charging Mr Trump would “pose any dangers of intrusion on the authority and functions of the executive branch”.

Chief Justice John Roberts has, however, already determined that Mr Trump’s interactions with officials in the Justice Department were official acts because they are part of the executive branch and answer to the president.

He also said that Mr Trump’s remarks on January 6 were probably protected since presidential addresses were an integral function of the office. But the opinion did allow that in his case his remarks may be construed as those of a candidate for office.