Former U.S. President Donald Trump must answer sworn questions in New York Attorney General’s civil investigation into his business practices, a state appeals court ruled on Thursday, rejecting his argument that he was excused from testifying because his answers could be used in a parallel criminal investigation. .
A four-judge court in the appeals division of the state court of first instance upheld Judge Arthur Engoron’s Feb. 17 ruling, which enforced subpoenas requiring Trump and his two older children —Ivanka and Donald Jr.— testified before the Attorney General of the State of New York. Letitia James’ research.
“The existence of a criminal investigation does not preclude the civil discovery of related facts, in which a party may exercise the privilege against self-incrimination,” the appellate court wrote, citing the Fifth Amendment to the Constitution of the US and other legal protections for witnesses.
Trump’s lawyers agreed in March that they would meet for statements within 14 days of the appeals panel’s decision confirming Engoron’s decision. They could also appeal the decision to the state’s top court, the Court of Appeals, delaying the case and potential Trump testimony indefinitely.
A message was left asking for comments from Trump’s lawyers.
“No one is above the law”
James praised the verdict, which came just two weeks after the appellate court heard the case’s oral arguments. She tweeted that her investigation “will continue without being discouraged because no one is above the law.”
“Once again, the courts have ruled that Donald Trump must comply with our legal investigation into his financial business,” James said in a written statement. “We will continue to follow the facts of this case and ensure that no one can evade the law.”
James said his research has uncovered evidence that Trump’s Trump administration used “fraudulent or misleading” valuations of assets such as golf courses and skyscrapers to obtain loans and tax benefits. Ivanka and Donald Trump Jr. they have been executives of the Trump Organization and are among his father’s most trusted allies.
The appeals panel, in its ruling, described the investigation into whether the Trumps “committed persistent fraud in their financial practices and disclosures.”
Trump, a Republican, denies the allegations and has said the James investigation is part of a “witch hunt” for political reasons.
‘Selective trial’
In appealing Engoron’s subpoena, his lawyers argued that James, a Democrat, was involved in a “selective trial.” The appeals panel rejected it, saying the investigation had a solid legal basis and that the Trumps showed no evidence that they or their company were “treated differently” than other companies under similar scrutiny.
Trump attorney Alan Futerfas told the appeals panel in oral arguments on May 11 that James appeared to be using civil summons to circumvent a New York law that requires immunity for people who testify before a grand criminal jury.
Judith Vale, arguing on behalf of James’s office, replied that there was a lot of evidence from the civil investigation to support citations for Trump’s testimony.
He also cited a legal precedent that allowed the attorney general’s office to do so and said the Trumps could always invoke their Fifth Amendment right against self-incrimination, as did Trump’s son Eric, hundreds sometimes in a 2020 statement.
Appeals Judge Rolando T. Acosta appeared to agree with that position, foreshadowing Thursday’s sentencing when he questioned Futerfas from the bench.
Anything Trump says in a civil statement in James’ investigation could be used against him in the criminal investigation overseen by Manhattan District Attorney Alvin Bragg.
Last summer, spurred on by evidence discovered by James’s office, the prosecutor’s office accused the Trump Organization and its longtime finance chief, Allen Weisselberg, of tax fraud, alleging that collect more than $ 1.7 million in off-book compensation. Weisselberg and company have pleaded not guilty.
Thursday’s appeals court ruling was the latest in a series of legal activities involving Trump and the attorney general’s investigation in recent weeks.
Last week, Trump paid $ 110,000 in fines and met several other conditions as he sought to end an assassination order issued by Engoron on April 25 after he was slow to respond to another subpoena. of James looking for documents and other evidence.
On Monday, James’s office said it had summoned Trump’s executive assistant, Rhona Graff, and planned to question her under oath next week in the investigation.
Meanwhile, a federal judge in New York is expected to rule soon on a lawsuit that Trump filed against James in December in an attempt to close his investigation. Trump’s lawyers want a court order to stop the investigation. James’ office wants to dismiss the lawsuit.