The former US president, Donald Trump, has complied with a federal court order to release $1.8bn from a fund frozen in a legal dispute with US Capitol riot victims. The decision, announced late on Wednesday, comes amid growing international concern over the precedential impact of such rulings on sovereign immunity and the weaponisation of judicial systems.
The UK government has issued a formal warning, arguing that the case risks undermining the principle that states and their leaders are not subject to foreign court jurisdiction for official acts. Whitehall sources described the matter as a test case for the global order, with potential repercussions for diplomatic relations and the immunity of sitting and former heads of state. The fund, held in a New York bank, relates to investments made by Trump’s businesses in the United Arab Emirates and was frozen last year pending the outcome of civil lawsuits filed by Capitol police officers and Democratic lawmakers.
The plaintiffs accused Trump of inciting the 6 January 2021 attack on the Capitol, leading to claims for damages. Trump’s legal team had argued that the assets were protected under the Foreign Sovereign Immunities Act, a US law that shields foreign states and their leaders from litigation. The court rejected this argument, ruling that Trump’s actions were not official and that the fund could be used to satisfy potential judgments.
The UK’s intervention, delivered through a diplomatic note to the US State Department, reflects a broader anxiety among allies about the erosion of legal norms. British officials have cited concerns that the ruling could set a dangerous precedent, allowing litigants to pursue the assets of foreign leaders in US courts. This, they warn, could destabilise international financial markets and complicate foreign policy.
The note also references the UK’s own experience with similar cases, including the long-running dispute over frozen Libyan assets. The Trump camp has not indicated whether it will appeal the ruling, but sources close to the former president suggest that he views the case as a political vendetta. The US Department of Justice has not commented on the UK’s warning, though analysts note that the Biden administration has consistently supported the independence of the judiciary.
The case now moves towards a trial on the merits of the riot-related claims, a process that could take years. For now, the release of the funds marks a significant legal defeat for Trump and a victory for the plaintiffs, who have pursued the case through multiple courts. The broader implications for international law remain uncertain, but the UK’s intervention suggests that this is no longer merely a domestic American dispute.
