The district attorney says that all criminal charges in this case involve 'unofficial acts' and therefore do not fall under presidential immunity.
In a new court filing, Manhattan District Attorney Alvin Bragg's office argues that former President Donald Trump's criminal case and guilty verdict are not affected by the U.S. Supreme Court's recent ruling on presidential immunity.
In a separate criminal case against former President Trump, the U.S. Supreme Court had ruled that presidents enjoy absolute immunity for core constitutional conduct, presumptive immunity for official acts, and no immunity for unofficial acts.
Prior to the trial, attorneys for President Trump did file a presidential immunity motion.
The judge had faulted defendants for not raising presidential immunity earlier, including during an attempt to remove the case to federal court.
Prosecutors now argue that the defense "Waived reliance on presidential immunity as a defense" when they tried to remove the case to federal court.
They cited a separate, civil case against former President Trump in which a federal judge had ruled that presidential immunity was a waivable defense.
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