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President Donald Trump’s lawyers are saying they’ll immediately go to the Supreme Court if an appeals court in New York says his tax returns can be released to state prosecutors.

The lawyers notified the 2nd U.S. Circuit Court of Appeals in Manhattan Tuesday that they’ll need time to appeal if the 2nd Circuit rules against them.

The appeals court is hearing the challenge to a judge’s ruling tossing out Trump’s challenge to a subpoena of his tax returns since 2011. The records were sought from Trump’s accounting firm for a criminal probe by Manhattan District Attorney Cyrus R. Vance Jr.

A three-judge panel of the 2nd Circuit is scheduled to hear oral arguments on Oct. 23. A ruling would be likely soon afterward. A spokesman for Vance declined comment.

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