The president's team is attempting to shield his tax returns from the Manhattan District Attorney's office, which subpoenaed them as part of an investigation into "hush payments" to Stormy Daniels and Karen McDougal.
Danny Frost, a spokesman for Vance, declined comment.
"We have no occasion to decide today the precise contours and limitations of presidential immunity from prosecution, and we express no opinion on the applicability of any such immunity under circumstances not presented here", the judges wrote in the Monday morning ruling. Attorneys for Trump argued a President is immune from prison investigations, a claim the district dangle pushed aside. Trump challenged it, arguing that he is not subject to the state criminal process while in office, and asked a federal District Court to declare the subpoena unenforceable during Trump's presidency.
Vance has agreed not to enforce the subpoena while Trump petitions the supreme court.
But federal district court Judge Victor Marrero tossed the lawsuit out, ruling in East October that the immunity claim was "repugnant to the nation's governmental structure and constitutional values".
Trump filed his own lawsuit in July seeking to block the House Ways and Means Committee from invoking a NY law that allows it to request his state tax returns.
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The ruling was the latest setback in Trump's apparent attempt to keep his personal finances private - despite promising during his 2016 White House run that he would disclose the documents, which are also being sought by two congressional committees. (Prior to being a candidate, Trump said publicly he would release his returns if he ever ran for president.) While no one knows what Trump is so anxious about in the returns, it's always been clear that the only way his returns will ever see the light of day is if he is given no other choice under the law.
"Any presidential immunity does not extend to investigative steps like the grand jury subpoena at issue here", ruled the three-judge appeals panel.
On Monday, however, the judges on the U.S. Second Circuit of Appeals ruled the president is not immune from criminal investigations while in office.
"We view the entire subpoena as an inappropriate fishing expedition not made in good faith", William S. Consovoy, one of Mr. Trump's lawyers, told the appeals panel at oral arguments.
The appeals court ruling gives a green light, in theory, for investigators to obtain the President's tax returns, but Trump's attorney Jay Sekulow said the President will continue his appeal. Trump is the first president in decades to buck that expectation.
"The subpoena at issue is directed not to the President, but to his accountants; compliance does not require the President to do anything at all", Mr. Katzmann wrote.
The House impeachment inquiry focuses on the president's request in a July phone call for Ukrainian President Volodymyr Zelenskiy to investigate a domestic political rival, Joe Biden, the former vice president and a top contender for the 2020 Democratic presidential nomination to face Mr. Trump.