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Trump attorneys also pointed to Trump’s disclosures to the Office of Government Ethics as president.
Blanche said "official-acts evidence" that Bragg presented to the grand jury "contravened the holding in Trump because Presidents ‘cannot be indicted based on conduct for which they are immune from prosecution,'" the motion read. "The Presidential immunity doctrine recognized in Trump pertains to all ‘criminal proceedings,’ including grand jury proceedings when a prosecutor ‘seeks to charge’ a former President using evidence of official acts."
Blanche argued that Bragg "violated the Presidential immunity doctrine by using similar official-acts evidence in the grand jury proceedings that gave rise to the politically motivated charges in this case."
"Because an Indictment so tainted cannot stand, the charges must be dismissed," Blanche argued.
Blanche also explained that the Supreme Court’s decision does not allow for an "overwhelming evidence" or "harmless error" exception to "the profound institutional interests at stake."
The Supreme Court's 6-3 decision on presidential immunity came from a question that stemmed from charges brought against Trump in a separate, federal case brought by Special Counsel Jack Smith related to the events on Jan. 6, 2021 and any alleged efforts to overturn the results of the 2020 election.
Trump pleaded not guilty to all charges in that case.
Smith is winding down his cases against Trump following his election as the 47th president.
Smith’s classified records case against Trump was dismissed earlier this year by a federal judge in Florida who ruled that the special counsel was unlawfully appointed.
Merchan has not yet ruled on the immunity argument, which prosecutors anticipate being included in the coming dismissal motion from the defense.
https://news.yahoo.com/news/bragg-case-effectively-over-major-195255139.html