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In his first press conference after the midterms, President Trump repeated his claim that he cannot release his tax returns even with Democrats controlling the House. Here’s why.
USA TODAY

NEW YORK — President Donald Trump lacks authority to block a subpoena that seeks his tax returns and financial records for a criminal investigation, attorneys for Manhattan District Attorney Cyrus Vance argued Tuesday in a federal appeals court filing.

Responding to an argument last week by Trump’s lawyers that sitting presidents have complete immunity from criminal investigations, Vance’s legal team argued, “This extravagant claim is unsupported by constitutional text, statute or case law, and is equally absent from historical texts and government memoranda.”

Even the U.S. Department of Justice, which has backed other legal arguments raised by Trump, “stops far short of endorsing this view,” Vance’s legal team wrote in a 52-page brief filed with the U.S. Court of Appeals for the Second Circuit.