Trump may seek access to sealed filings from Manhattan DA’s investigation, despite Supreme Court ruling

NEW YORK _ President Donald Trump, fresh off losing a historic case before the Supreme Court over a subpoena for his tax returns, is still arguing he’s entitled to special privileges as commander in chief.

Trump attorney William Consovoy made the argument Tuesday during a hearing on how to proceed in a case over Manhattan District Attorney Cy Vance’s demand for eight years of the Trump’s tax returns.

The president or his attorneys, Consovoy said, might need to learn confidential details about the nature of Vance’s investigation to boost arguments the prosecutor is on a fishing expedition.

“There’s a serious issue of unfairness of asking a party to challenge a subpoena without some access … to its nature and scope,” Consovoy said.

The president “would respectfully request” access to a sealed Manhattan federal court filing from Vance’s office detailing the grand jury investigation and reasons for the subpoena, Consovoy said.

The average citizen is not usually allowed to probe prosecutors’ reasons for an ongoing investigation.

Carey Dunne, an attorney for Vance, said the Supreme Court had already rejected “Trump’s exotic constitutional immunity claims.”

“There’s no heightened standard that applies just because he’s president,” Dunne said.

“This isn’t just about the president, there are other individuals and entities that could end up above the law as a result of the delay … Let’s not let delay kill this case.”

Judge Victor Marrero ordered both sides to follow a schedule for new filings in the case until early next month. Marrero will then have to rule on Trump’s new legal challenges. That timetable makes it unlikely the tax records will become public before the 2020 election. The judge learned details of the investigation last year and saw nothing improper.

“No citizen, not even the President, is categorically above the common duty to produce evidence when called upon in a criminal proceeding,” Chief Justice John Roberts wrote in the historic Supreme Court ruling on the case last week.

Nevertheless, Trump’s attorneys argue the high court left open the possibility for legal challenges beyond the president’s rejected claim of Oval Office immunity. Vance seeks eight years of Trump’s personal and corporate tax returns in connection with a criminal probe of whether the Trump Organization broke the law by issuing hush-money payments to a porn star and Playboy model during the 2016 campaign.