The judge presiding over Donald Trump‘s falsifying business records case shot down his bid to use presidential immunity as part of his defense, finding the former president waited too long to raise the issue.

In his ruling Wednesday, Judge Juan Merchan also denied Trump’s motion to delay the trial’s start date until the U.S. Supreme Courtrules on his immunity claims in the federal election interference case in Washington, D.C.

Trump had contended in a New York filing last month that he’s immune from state prosecution based on “official acts,” and that some of the evidence against him should be kept out of the impending trial because they were official presidential acts — including his tweets and public comments.

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