Sekulow said “the subpoena violates the U.S. Constitution and therefore is unenforceable. We are hopeful that the Supreme Court will grant review in this significant constitutional case and reverse the dangerous and damaging decision of the appeals court.”
Sekulow also said he planned to file a separate request to the Supreme Court on Friday asking the justices to issue a stay on a ruling on a similar matter by the U.S. Court of Appeals for the D.C. Circuit. On Wednesday evening the court declined to grant Trump a full-bench hearing on a 2-1 decision a panel of that court issued upholding a subpoena from the House Oversight and Government Reform Committee demanding a broad set of Trump’s financial records. Sekulow said he was working on a petition to the Supreme Court to hear the case but wanted an order blocking the lower-court ruling from being enforced until the justices decided whether to even take the president’s case.
The subpoenas in both cases were not sent directly to Trump, but to one of his accounting firms, Mazars USA.
Trump’s lawyers face the imminent deadline in the New York case because of an agreement they struck with Vance’s office that the state grand jury subpoena will not be immediately enforced if Trump’s legal team files a petition for review at the high court by Thursday and asks the justices to take up the case this term.
The justices are not required to take any immediate action on the petition from the New York grand jury case or to schedule the case for hearing this term, but if they do, it would likely lead to a decision by the end of June, just as the general presidential election is getting into high gear.
The Supreme Court will face a more urgent decision in the D.C. Circuit case. That court’s ruling requiring the accounting firm to turn over Trump’s financial records to Congress will kick in Wednesday unless a stay is granted by one or more of the justices.
Trump’s lawyers are likely to file an emergency application with the high court in a bid to hold the D.C. Circuit ruling at bay until the justices decide whether to take that case. Chief Justice John Roberts could put a temporary hold on the appeals court’s ruling until the other justices decide how to handle the dispute.
Assuming Roberts refers the stay application to his colleagues, the votes of five justices would be needed to halt the D.C. Circuit decision, but just four justices can vote to grant review in either of the legal fights.
Several other suits about demands for Trump’s tax and financial records are also pending in various courts and could make their way to the justices in the coming months.