New York – Manhattan’s top prosecutor is pushing back against the Justice Department in a legal battle over President Donald Trump’s tax returns.

Trump and District Attorney Cyrus R. Vance Jr. have been fighting over the legality of a subpoena issued for the president’s returns as part of an investigation of hush money payments to two women during the 2016 presidential campaign.

Lawyers for Vance said in a court filing Thursday that it was “audacious” for federal prosecutors to ask for a delay in enforcement of the subpoena for Trump’s tax returns, considering they conducted a similar investigation just last year.

Justice Department attorneys asked a judge Wednesday to delay the subpoena temporarily so the court could hear Trump’s argument that he can’t be investigated while in office.

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