“The Court finds that the President has not sufficiently pled that the subpoena is overbroad or was issued in bad faith on this basis,” the judge wrote in his ruling, which follows a major Supreme Court opinion last month that determined Trump, as sitting president, was not immune from state court actions or criminal investigation.
Shortly after Marrero’s decision was announced, Trump’s legal team filed an emergency motion asking for a delay in enforcing the subpoena so he may appeal. Vance’s office agreed to a one-week grace period before acting on the subpoena, according to the motion from Trump’s legal team.
“The President respectfully disagrees with that decision and believes there is a likelihood of reversal on appeal,” Trump’s lawyers wrote, adding that “absent a stay, the subpoena will be enforced before the President has been afforded any appellate review of his overbreadth and bad-faith claims.”
Vance has been investigating hush-money payments made ahead of the 2016 election to two women who alleged having affairs with Trump years ago, claims the president has denied. The district attorney’s office recently suggested it is also looking at potential bank and insurance fraud related to the Trump Organization.
Trump could appeal the judge’s decision and further attempt to delay execution of the subpoena.