Judge orders Trump, children to answer questions about their business practices under oath
A New York judge shot down a bid to block the state attorney general's subpoenas of the former president, Donald Trump Jr. and Ivanka Trump.
By Dareh Gregorian
A New York judge on Thursday ordered former President Donald Trump and two of his children to answer questions under oath about the Trump Organization's business practices in the state attorney general's civil probe of the company.
Lawyers for Trump, Donald Trump Jr. and Ivanka Trump had sought to quash the subpoenas from Attorney General Letitia James' office, arguing her investigation is politically motivated and designed to provide fuel for an ongoing criminal probe into the company by the Manhattan district attorney's office.
In his ruling, state Supreme Court Justice Arthur Engoron gave the green light for the three Trumps to be deposed within the next three weeks. Their lawyers indicated at a hearing earlier in the day that they would appeal if the judge let the depositions proceed.
James' office is looking into whether to file a civil suit against the Trump Organization over allegedly inflated financial statements. In court filings, her office alleged it has “uncovered substantial evidence establishing numerous misrepresentations in Mr. Trump’s financial statements provided to banks, insurers, and the Internal Revenue Service.”
Among the items James wants to ask Trump about are several "Statements of Financial Condition" involving the company that the attorney general says were inflated by hundreds of millions of dollars and that had been signed off on by the former president.
The attorney general's office said in January that it has not yet reached a final decision about whether the evidence it says it has found merits legal action.
Lawyers for the Trumps contended James wants to question the trio to improperly gather evidence in a related criminal probe by the Manhattan district attorney's office.
Two lawyers from James' office are assisting in the district attorney's investigation, which has already led to criminal charges against the Trump Organization and its former chief financial officer, Allan Weisselberg. Both the company and Weisselberg have pleaded not guilty to the charges, which include allegations of tax fraud and falsifying business records.
The judge noted that the Trumps would be able to invoke their Fifth Amendment rights during the depositions if they had concerns about criminal exposure.
Trump lawyer Ron Fischetti said this case is "special" because "this is a former president of the United States," and if he takes the Fifth while answering questions, "he'll be on every front page in the world."
Engoron countered that there's nothing in the law making a former president special. "To me, he's a citizen," the judge said.
The U.S. Supreme Court has ruled that asserting one’s Fifth Amendment rights is not an admission of guilt, but Trump offered a different perspective while running for president in 2016. “The mob takes the fifth. If you’re innocent, why are you taking the Fifth Amendment?” he said at a rally in Iowa.
The allegations involving the inflated financial statements have caused other problems for Trump over the past week, including his longtime accounting firm Mazars' decision to cut ties with the Trump Organization after reviewing the statements it helped prepare.
nbcnews.com
By Jonah E. Bromwich, Benjamin Protess and William K. Rashbaum
Feb. 17, 2022, 3:03 p.m. ET
The New York attorney general can question Donald J. Trump and two of his adult children under oath as part of a civil inquiry into his business practices, a judge ruled on Thursday, rejecting the former president’s effort to block the interviews.
nytimes.com
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