“We have considered all of the President’s other disputes on appeal and there is no basis for reversal of them,” the court ruled.
Tax returns and other financial records are not immediately given to prosecutors. The Court of Appeal suspended the execution of the subpoena based on a joint agreement between the Manhattan District Attorney and the Presidential Legal Team. Under that arrangement, Trump has a 12-day briefing schedule to ask the Supreme Court to suspend the implementation of the subpoena.
Manhattan District Attorney Cyrus Vance’s spokesman declined to comment. A spokesman for the Justice Department said it was reviewing the verdict.
This is the latest attempt by the President to prevent this controversy, which has claimed that the President does not have broad immunity from the state Grand Jury subpoena following the Supreme Court ruling this summer. Following that ruling, the president’s attorneys amended their lawsuit, saying the subpoena was too broad and issued in bad faith to harass the president.
The appellate court allowed the subpoena and rejected the president’s legal arguments, with both parties’ attorneys agreeing to suspend the execution of the subpoena to allow the Supreme Court to “stay” the judgment.
Under the agreement, which was approved by the Court of Appeals, state attorneys have five days to file a motion to the Supreme Court. The district attorney has five days to file an answer summary and the president’s attorneys two days to respond.
Five Supreme Court justices must agree to give stay. Following the death of Justice Ruth Bader Ginsberg, the court now has eight members. If the court does not grant stay, Trump’s attorney may still ask the court to hear the case on merits, but in the meantime, the subpoena will be enforced.