New York (CNN) New York prosecutors on Monday asked a judge to throw out President Donald Trump's effort to block a subpoena for his personal and business tax returns saying "the law provides no such sweeping immunity" for a sitting president.

In the lawsuit, which was filed in federal court in New York, Trump argued that a criminal investigation of a sitting president was "unconstitutional" and asked the judge to suspend the subpoena until Trump was no longer in office.

New York prosecutors responded Monday by filing a motion to dismiss the lawsuit and deny Trump's request for a temporary restraining order. They cited multiple state and federal investigations that involved the President, including special counsel Robert Mueller's investigation into election interference and obstruction of justice and the US attorney's office for the Southern District of New York's investigation of the hush money payments. They also argued filing the lawsuit in federal court -- not state court -- was not the proper venue.

"The Plaintiff's position is that none of this conduct, unrelated to the office of the President, can be investigated while the President remains in office," the New York prosecutors wrote. "The law provides no such sweeping immunity."

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