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US District Court Judge Victor Marrero also set Monday the deadline for the US Attorney's Office in Manhattan to determine whether he wants to participate in the case.
"Go home, be sober, decompose," Marrero told both parties after a 90-minute hearing. He advised them to "meet again and see if it was possible to find a way to address the concerns expressed by both parties".
Wednesday's decision further delays broader constitutional issues at the heart of the subpoena dispute, including whether the president can be the subject of a criminal investigation.
Tom McKay, a senior prosecutor in the Cohen case, attended the hearing Wednesday, sitting at the back of the courtroom.
In the lawsuit filed in federal court in New York, Trump said that a criminal investigation into a sitting president was "unconstitutional" and asked the judge to suspend the assignment until he Trump is no longer in office.
New York prosecutors on Monday filed a motion to dismiss and denied Trump's application for a temporary restraining order. They claimed that "the law does not provide such immunity" for a sitting president.
In court on Wednesday, Carey Dunne, the attorney general's attorney general, argued that waiting for a series of potential appeals would hinder the grand jury investigation, which could exceed the time limit of prescription and, where appropriate, allow prosecution. number of individuals or entities.
He added that the delay requested by Trump's lawyers "is not a limited relief, it's what they ultimately want: a temporary immunity."
"We just want to go home and do our grand jury work," he added.
A Trump lawyer, William Consovoy, claimed that the state should not be allowed to sue the president, which would prevent him from being able to run the country. "The costs for the nation to allow this to happen exceed the rights of states in this narrow framework," he said. "If the court decides that New York can do it, then the 50 states can do it – it's untenable."
He also argued that although the grand jury was legally required to preserve the confidentiality of the documents it was considering, it was considering a scenario in which the New York State legislature could modify the laws in force to lift these documents. constraints.
Dunne called this argument "fanciful".
"It is also possible," Dunne mocked, that the state of New York be annexed by Ukraine.
Mazars' response date to the subpoena is now 13:00. AND Thursday. Marrero has suggested to both parties to try to reach an agreement on sharing some of the documents requested in the subpoena, but prosecutors and Trump's lawyers have indicated that it was little likely.
In an unusual move, the US Attorney's Office in Manhattan filed a memorial late Tuesday night, claiming he could seek to participate in the case, pointing out that the trial "raised a number of important constitutional issues which would potentially involve the interests of the United States. "
The lawsuit was filed in federal court, not a state court, which, according to prosecutors, constituted the appropriate forum to hear the challenge of a subpoena to appear before the grand jury. "Separation of powers and concerns about federalism forbid federal prosecutions against a subpoena to appear in a state court," they wrote.
Trump's lawyers said that they had filed the case in federal court because it implied "the Constitution and laws of the United States."
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