Trump’s lawyers have argued that meant the case should be dismissed because prosecutors used statements that Trump made while president and testimony from his White House aides. The filing by Bragg’s office on Tuesday said the hush money case involved “purely unofficial conduct.”
“Presidential immunity is supposed to protect a president’s official decision-making only while in office, not to forever insulate the president from criminal liability – especially for his unofficial conduct,” prosecutors wrote.
Merchan last month delayed Trump’s previously scheduled Nov. 26 sentencing indefinitely to give him the chance to seek dismissal.
In their filing, prosecutors repeated their suggestion that Merchan defers all proceedings – including the sentencing – until Trump leaves the White House in January 2029. Alternatively, they said a non-incarceration sentence could minimize the case’s impact on Trump’s presidency.
