A federal judge endorsed the schedule put forward jointly by President Donald Trump’s legal team and the Manhattan district attorney’s office, giving the President’s lawyers until July 27 to file additional challenges to a grand jury subpoena for his financial records.
During a court hearing Thursday, Judge Victor Marrero asked both sides to address any new challenges to the subpoena following the Supreme Court’s ruling that the President does not have broad immunity against state grand jury investigations.
Trump’s lawyers said in a court filing that they might challenge it on grounds raised in a concurring opinion written by Justice Brett Kavanaugh, which included whether the subpoena is too broad, issued in bad faith and would impede the President’s ability to carry out his job.
The district attorney’s office is investigating whether Trump or the Trump Organization violated any state laws, including in its handling of hush money payments made to two women who alleged affairs with the President. Trump has denied the affairs. As part of the investigation, the district attorney issued a grand jury subpoena to Trump’s accounting firm Mazars USA seeking eight years of the President’s personal and business records. Mazars has not objected to the subpoena.
Marrero noted that he had already decided some of those matters, including that the district attorney did not act in bad faith when issuing the subpoena. But the judge is allowing Trump’s lawyers to file an amended complaint to lay out any new arguments.
William Consovoy, an attorney for Trump, said they had not yet decided which of the areas they might challenge in an amended lawsuit. He appeared to emphasize that they might litigate to try to narrow the subpoena.
Consovoy asked how the district attorney’s subpoena, which is a copy of subpoenas issued by House investigators that sought records relating to many properties including international businesses and the Trump hotel in Washington, DC, “could be properly tailored for New York County.”
Carey Dunne from the district attorney’s office told the court that Trump had no new arguments and his motive was to continue to delay the investigation.
“There is indeed nothing new here. I heard not a single recitation of a single new fact that has not been raised previously before this court and other courts,” Dunne said. “What the President’s lawyers are seeking here is delay. I think that’s the strategy here. Every day that goes by the president wins the temporary immunity he is seeking here.”
Dunne said the district attorney plans to file a motion to dismiss the President’s amended complaint.
“Our office’s position, your honor, is ‘bring it on,’” Dunne said.