We accordingly do not address those issues.
The subpoenas sought Mazars' financial records going back to 2011, covering Trump's businesses and Trump himself.
But the tax returns are not likely to be handed over soon.
Trump had sued Manhattan District Attorney Cyrus Vance Jr.in September over a subpoena that was sent to Trump's accounting company, Mazars USA, for eight years of tax returns.
"There is no obvious reason why a state could not begin to investigate a president during his term and, with the information secured during that search, ultimately determine to prosecute him after he leaves office".
Mr. Cohen was also involved in money paid to Karen McDougal, a Playboy model who also said she had a relationship with Mr. Trump.
The 2nd Circuit did not decide whether Mr. Trump is immune from being charged with a state crime while in office, as the president has argued. His assertion of "temporary presidential immunity" came in response to a question about Trump's own hypothetical from 2016, when he said as a candidate his political support was so strong that he could "stand in the middle of Fifth Avenue and shoot somebody" and not "lose any voters".
Trump broke with a long-established norm during the 2016 presidential election by refusing to release his tax returns as most presidents have done since the 1970s even though it is not required by law.
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While the president's lawyers argue that the Constitution prohibits states from subjecting the US president to criminal process while he is in office, Vance's attorneys argue that the records being sought relate to business and financial matters rather than official presidential acts by Mr. Trump and primarily stem from the time period before he took office. There, a conservative-leaning court may be friendlier to the Trump administration's arguments than the judges they've encountered in the case so far.
The appeals court ruling affirmed the decisions by US District Judge Victor Marrero who dismissed Trump's "extraordinary" claim that any occupant of the White House enjoys "absolute immunity from criminal process of any kind".
But that policy has not precluded investigations of the president.
"Our concern is heightened by the fact that the grand jury in this case is investigating not only the President, but also other persons and entities".
In a separate case, an appeals court panel in D.C. upheld a congressional subpoena seeking Trump financial records from Mazars.
"That is correct, that is correct", Consovoy replied.
He has claimed that they are under audit by the Internal Revenue Service, and there have been various attempts to obtain them, including by the Democratic-led House of Representatives.