Donald Trump’s lawyer has suggested a president of the US would be able to order an assassination of a political rival, so long as they were not convicted by Congress.

A US appeals court is questioning whether the former president’s claims that he is immune from criminal charges for attempting to overturn the 2020 election.

Trump looked on as his legal team sought to convince a panel of three judges that former presidents should not be prosecuted for actions they took in office.

In March, Trump is set to go to trial on federal charges of election subversion.

Judge Florence Pan is one of three judges overseeing the case and on Tuesday she asked Trump’s attorney a pointed question.

“Could a president order SEAL Team Six to assassinate a political rival? That is an official act, an order to SEAL Team Six,” Pan asked.

“He would have to be in what speedily be, you know, impeached and convicted before the criminal prosecution,” D. John Sauer  responded.

“But if there weren’t, there would be no criminal prosecution? No criminal liability for that?” Pan pressed.

Sauer then started talking about previous judgements, the impeachment judgement clause and the Constitution, and the founders before Pan reminded him her initial question required a “yes” or a “no”.

“If he were impeached and convicted first,” Sauer said.

“So your answer is no,” Pan said.

Before the hearing, Trump made a threat he would prosecute current US president, Trump’s successor, Joe Biden, if he wins the election in 2024, saying Biden “would be ripe for indictment”.

“If I don’t get immunity then crooked Joe Biden doesn’t get immunity,” Trump said in a video posted to social media.

An appeals court is deciding whether Donald Trump is immune from prosecution in the 2020 election case.

Trump warns of “bedlam” for US

Following the hearing, Trump once again said he was merely a victim of political persecution, saying if this particular case is allowed to proceed there would be “bedlam in this country”.

US prosecutors are arguing that Trump acted not as a president, but as a candidate when he pressured officials to overturn the 2020 election results and encouraged his supported to march on the Capitol on January 6 in attempt to pressure Congress to not certify his rival’s victory.

The US Justice Department has long held the view that presidents cannot be prosecuted while in office for doing their duties.

The case against Trump reflects the unprecedented nature of his efforts to overturn the 2020 election.

Justice Department lawyer Jame Pearce told the panel that by granting immunity to Trump for his actions after the election, it could give future presidents license to commit crimes.

“The president has a unique constitutional role, but he is not above the law,” he said.

Trump is facing 91 criminal counts in four separate cases and is the first former president of the US to be criminally prosecuted.

Despite the convictions, Trump remains the frontrunner for the Republican presidential nomination and the party’s nominating contest is expected to kick off next week in Iowa.

It is expected Trump will easily win the contest in the state.

Both the legal outcome and timing of the appeals court’s ruling will play a pivotal role in determining whether Trump faces trial ahead of the November election.