President Donald Trump suffered another blow in his legal fight against the Manhattan District Attorney’s office regarding his tax returns.
On Monday, a three-judge panel for the Second Circuit Court of Appeals affirmed the district court’s decision that presidential immunity does not prohibit the enforcement of a subpoena.
The district judge noted that President’s claim of expansive constitutional immunity to protect him and his associates and relatives from judicial process “constitute an overreach of executive power” and it could “frustrate the administration of justice.”
The President appealed the district court’s decision to keep his tax returns from the Manhattan grand jury.
In its ruling on Monday, the appeals court said, “presidential immunity does not bar a state grand jury from issuing a subpoena in aid of its investigation of potential crimes committed by persons within its jurisdiction, even if that investigation may in some way implicate the president.”
Additionally, the appeals court stated, “the only question before us is whether a state may lawfully demand production by a third party of the President’s personal financial records for use in a grand jury investigation while the President is in office.”
“We hold that any presidential immunity from state criminal process does not bar the enforcement of a subpoena,” according to the judges in their decision.
In response to the decision of the appeal court, Jay Sekulow, the lawyer for Trump said they will appeal the case to the Supreme Court.
Sekulow said, “The decision of the Second Circuit will be taken to the Supreme Court. The issue raised in this case goes to the heart of our Republic. The constitutional issues are significant.”