Trump sued the D.A.’s office in federal court last month, seeking to block a subpoena for eight years of his personal and corporate tax returns. The office is seeking the records from Trump's accounting firm, Mazars USA.

The president’s attorneys argue that a sitting president can’t be subject to a criminal process while in office and want the federal court to declare the subpoena unconstitutional.

On Wednesday, the Justice Department asked Marrero to keep the case in federal court and temporarily block the subpoena while the case is argued. Attorneys for the department asserted there were “serious constitutional issues at stake” and that Congress and the Supreme Court “have effectively already made clear that the type of claims the president has raised ought to be adjudicated in federal rather than state court.”

Vance wants any litigation over the subpoena to be heard by a state court. New York has “a sovereign right to enforce its criminal laws free from federal interference,” lawyers in the D.A.’s office argued in today’s filing, and "state proceedings do afford [Trump] an adequate opportunity to raise any constitutional claims."

They added that “delaying enforcement of the subpoena will likely result in the expiration of the statutes of limitations that would apply to some of the transactions at issue in the grand jury investigation.”