“The president cannot function, and the presidency itself cannot retain its vital independence,” the brief said, “if the president faces criminal prosecution for official acts once he leaves office.”
The brief, Mr. Trump’s main submission to the justices before the case is argued on April 25, continued to press an expansive understanding of presidential immunity, one that it said was required by the very structure of the Constitution.
“The question of a former president’s criminal immunity presents grave constitutional questions that strike at the heart of the separation of power,” the brief said.
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