| | | Updated 5:28 pm ET
Judge Orders Trump to Testify in New York Civil-Fraud Probe
Ivanka Trump, Donald Trump Jr. must also comply with subpoenas, judge rules
Former President Donald Trump and two of his adult children, Ivanka Trump and Donald Trump Jr., were issued civil subpoenas as part of a probe into the elder Mr. Trump and the Trump Organization.PHOTO: MANDEL NGAN/AGENCE FRANCE-PRESSE/GETTY IMAGES
By
Corinne Ramey Follow
and
Deanna Paul Follow
Updated Feb. 17, 2022 5:28 pm ET
A New York judge ruled Thursday that Donald Trump and two of his adult children must testify under oath as part of the New York attorney general’s civil-fraud investigation into the former president and his company.
The office of New York Attorney General Letitia James sent subpoenas in December to Mr. Trump and two of his adult children, Ivanka Trump and Donald Trump Jr. , seeking testimony from all three, as well as documents from the elder Mr. Trump.
State Supreme Court Justice Arthur Engoron denied the Trumps’ bid to block or delay the subpoenas and ordered them to appear for depositions within three weeks. He ordered Mr. Trump to hand over documents within two weeks.
“A State Attorney General commences investigating a business entity, uncovers copious evidence of possible financial fraud, and wants to question, under oath, several of the entities’ principals, including its namesake,” Justice Engoron wrote in the eight-page ruling. “She has the clear right to do so.”
The judge rejected the Trumps’ argument that the subpoenas would be used to improperly gather evidence for a separate criminal investigation by the Manhattan district attorney. The civil probe, he said, was spurred not by Ms. James’s campaign promises, as the Trumps had claimed, but by previous congressional testimony from former Trump lawyer Michael Cohen.
The judge said it would “have been a blatant dereliction of duty” for the attorney general not to investigate the allegations or subpoena the Trumps.
Ronald Fischetti, a lawyer for the former president, pledged to appeal. “This is a case of first impression, and I think we are going to win,” Mr. Fischetti said.
Alan Futerfas, a lawyer for Ivanka Trump and Donald Trump Jr., also said his clients would likely appeal.
“Today, justice prevailed,” Ms. James said in a statement, adding, “No one is above the law.”
During oral arguments earlier Thursday, Ms. James’s office had urged Justice Engoron to order the Trumps to comply, saying it had uncovered evidence during its nearly three-year investigation that Mr. Trump and his company falsely valued assets to obtain loans, insurance coverage and tax deductions.
The Trumps have disputed the allegations and accused Ms. James of political motivations.
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The judge said the “800-pound gorilla in the room” was that one of the subpoenas was directed to the former president of the U.S. “To me, he’s a citizen,” said Justice Engoron. “He’s a respondent.”
The judge suggested any of the Trumps could just decline to answer questions if called in for a deposition. “Doesn’t that give them all the protection that the law provides?” he asked.
If Mr. Trump didn’t answer questions during a deposition, it could hurt him in a potential criminal case, said Mr. Fischetti. “It’ll be on every front page of the newspaper in the world, and how can I possibly pick a jury in that case?” he told the judge.
Alina Habba, another of Mr. Trump’s lawyers, said Ms. James had engaged in prosecutorial misconduct by publicly calling Mr. Trump an “illegitimate president.”
Justice Engoron asked Kevin Wallace, a lawyer for the attorney general, about Ms. James’s repeated claims that she would pursue Mr. Trump. “It’s a whole circus,” the judge said.
Mr. Wallace said the office, under prior attorneys general, previously pursued cases against Mr. Trump and his business, including before he became president. He described Mr. Trump as a “recidivist” and said it was reasonable to investigate additional conduct.
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