The 2nd Circuit Court of Appeals declined to issue a preliminary injunction that would have allowed President Donald Trump to keep his tax returns shielded from a subpoena.
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“The decision of the Second Circuit will be taken to the Supreme Court. The issue raised in this case go to the heart of our Republic. The constitutional issues are significant,” Jay Sekulow, counsel to the president, said in a statement shortly after the ruling was announced.
The president’s team is attempting to shield his tax returns from the Manhattan District Attorney’s office, which subpoenaed them as part of an investigation into “hush payments” to Stormy Daniels and Karen McDougal.
Trump had argued he was immune from any criminal proceeding while in office. That argument was initially rejected by Judge Victor Marrero of the Southern District of New York in early October.
(MORE: Judge rules Trump must turn over tax returns for hush money investigation)
The subpoena in discussion was issued to Mazars USA, Trump’s accounting firm, in August as part of an ongoing investigation into whether hush payments to Daniels and McDougal broke any state laws. The subpoena calls for financial and tax records of a number of entities and individuals, including those of Trump.
In their Monday ruling, the 2nd Circuit affirmed the October decision, saying the president does not have the kind of blanket immunity he had claimed.
“We have no occasion to decide today the precise contours and limitations of presidential immunity from prosecution, and we express no opinion on the applicability of any such immunity under circumstances not presented here,” Monday’s ruling states. “Instead, after reviewing historical and legal precedent, we conclude only that presidential immunity does not bar the enforcement of a state grand jury subpoena directing a third party to produce non-privileged material, even when the subject matter under investigation pertains to the President.”