“Our position is precisely the same as it has been, the subpoena is unconstitutional,” Sekulow said. “We will continue in court.”
The two banks were asked by a 2nd Circuit Court of Appeals judge on Friday whether they had copies of Donald Trump’s tax returns. The banks acted cautiously because of concerns about its obligations to preserve the confidentiality of dealings with clients.
“Given the contractible obligation to our client, we cannot answer that question at this time … in an open courtroom,” said Raphael Prober, the attorney representing Deutsche Bank. “I think answering can run a foul.”
James Murphy, an attorney representing Capital One Bank, agreed to not respond to the judge’s question during a back and forth with Prober.
Thomas Lohnes/Getty Images, FILE
A branch of the German bank Deutsche Bank pictured with a sculpture of the ‘Gutenberg’ monument, Feb. 1, 2018, in Frankfurt, Germany.
The banks were then ordered to submit the letters filed Tuesday. Taken together, Deutsche Bank and Capital One loaned Trump billions of dollars.
The filings Tuesday are part of an ongoing legal battle by House Democrats to secure access to Trump’s tax and finance records. House Democrats first subpoenaed Deutsche Bank and Capitol One Bank in April, and Trump’s lawyers quickly filed suit to block the banks from turning over these records.
(MORE: Trump, family sue banks to prevent financial documents from being given to Congress)
Trump’s attorneys argued when filing their lawsuit that the subpoenas issued are “unlawful and illegitimate”.
“They seek information going back decades from anyone with even a tangential connection to the President, including children, minors and spouses,” an earlier statement from Trump’s legal team said. “Every citizen should be concerned about this sweeping, lawless, invasion of privacy.”
(MORE: Deutsche Bank has begun turning over documents in New York AG’s Trump probe)
In May, a New York district judge ruled against Trump’s efforts to block the subpoena, and the case was heard in appellate court on Friday.
The appeals court has not yet issued a decision. But Deutsche’s filing means that if the House Democrats emerge successfully from the legal battle, Deutsche would have additional relevant documents to turn over. ABC News has previously reported that the bank has already begun turning over financial records related to its business with the president in response to a separate subpoena by the New York Attorney General’s Office.
House Democrats have employed multiple efforts to access Trump’s financial records. Other lawsuits seeking similar records are currently making their way through a Washington, D.C. court.
Sourse: abcnews.go.com
