"As the custodian of the records, (prosecutors) can not delay the release of records to allow a person to raise a constitutional challenge to the release of the documents, " Palm Beach County State Attorney Dave Aronberg's office wrote in court papers filed Wednesday.
Kraft's attorneys have also argued that the release of the video evidence from inside Orchids of Asia would harm his chance of getting a fair trial. But Kraft wasn't done with his legal battle.
State attorney Dave Aronberg's office argues that the videos must be released in relation to cases against two women - Lei Wang and Hua Zhang - who are accused of owning and managing the Orchids of Asia Spa, an alleged house of prostitution the men visited.
In court documents obtained by The Boston Globe, Aronberg's office wrote Wednesday, "as the custodian of the records, can not delay the release of records to allow a person to raise a constitutional challenge to the release of the documents".
Deadspin reports that Kraft's lawyers, William Burck and Alex Spiro, are targeting Florida's public records laws, claiming that they violate the Fourth Amendment of the U.S. Constitution, which is created to protect citizens from unlawful searches and seizures. "The Public Records Act does not allow a custodian to delay the production of records to allow the resolution of a constitutional challenge to the release of the documents".
Kraft was charged in February with two misdemeanor counts of soliciting prostitution for allegedly paying for sex at a Jupiter, Florida, spa.
Lawyers for the 77-year-old Kraft had asked judge Leonard Hanser not to make public the video, calling the evidence "basically pornography".
Prosecutors have offered to drop the charges if Kraft and the other men enter a diversion program for first-time offenders.
Kraft, who owns the New England Patriots, rejected a plea deal and pleaded not guilty to the charges against him.
ABC News said Kraft's attorneys could argue that a search warrant that allowed investigators to set up hidden cameras was improperly obtained.
Kraft and his legal team have fought hard to suppress the videos.
Later Wednesday, Kraft's attorneys filed a motion to top the release of the videos, according to ESPN.