“In assessing whether the president made overbroad and bad faith allegations, the district court imposed a disappointing standard of review that would not have been used against an ‘other citizen’,” Trump’s lawyers wrote .
Trump’s filing is the latest step in a protracted legal fight with the district attorney’s office that will result in oral argument on Tuesday on Trump’s request to stay the appeal before a three-judge panel of the Second Court of call from the American circuit.
In their brief Monday, Trump’s lawyers also warned that the president would suffer “irreparable harm” if the stay is not granted, arguing that “whether destruction or return of documents can provide a” partial remedy “to the ‘ ” invasion of privacy ” ,[…]the prejudice the president seeks to avoid is the use of these records to engage in a bad faith fishing expedition. The court “cannot ring that bell” even if the summons is ultimately struck down. ”
They also raised the possibility that the district attorney’s office could disclose the documents, saying New York law “does not strictly prohibit the disclosure of documents produced to the grand jury” and that such information could become public through of an indictment or grand jury report.