A New York judge has ruled that former President Donald Trump and two of his adult children must testify under oath in the state attorney general's civil investigation into the Trump Organization's business practices.
According to NBC News, the decision came on February 17, 2022, after lawyers for the Trump family fought to quash subpoenas from Attorney General Letitia James' office.
State Supreme Court Justice Arthur Engoron ordered Donald Trump Sr., Donald Trump Jr., and Ivanka Trump to be deposed within three weeks of the ruling.
The investigation, which has been ongoing for nearly three years, is examining whether the Trump Organization committed fraud in reporting the value of certain properties to banks and tax authorities.
Attorney General Letitia James has stated that her office has uncovered substantial evidence suggesting the Trump Organization falsely and fraudulently valued multiple assets. This evidence was presented to support the subpoenas for testimony from the Trump family members.
James declared:
Thus far in our investigation, we have uncovered significant evidence that suggests Donald J. Trump and the Trump Organization falsely and fraudulently valued multiple assets and misrepresented those values to financial institutions for economic benefit. The Trumps must comply with our lawful subpoenas for documents and testimony because no one in this country can pick and choose if and how the law applies to them.
The attorney general's office has been methodically examining Trump's business operations since 2019, leading to the recent subpoenas for the former president and two of his adult children.
In his decision, Justice Engoron emphasized the attorney general's authority to investigate potential financial fraud. He wrote:
In the final analysis, 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. She has the clear right to do so.
This ruling underscores the legitimacy of the investigation and the importance of cooperation from key figures within the Trump Organization.
While this civil probe is separate from the criminal charges faced by the Trump Organization in another matter, the two investigations may have interconnected consequences. The testimony given in the civil case could potentially be used in the criminal case, creating a complex legal situation for the Trump family.
If Ivanka Trump and Donald Trump Jr. refused to testify in the civil case by invoking their Fifth Amendment rights, that refusal could potentially be used against them in the criminal case. This interconnection between the civil and criminal proceedings adds another layer of complexity to the legal challenges facing the Trump Organization.
The Trump family's lawyers attempted to quash the subpoenas in the civil case as a strategic move to avoid this potential legal predicament. However, with Justice Engoron's ruling, that avenue appears to be closed, opening the door for under-oath depositions.
In conclusion, the New York judge's decision to compel testimony from Donald Trump and his adult children marks a significant development in the state attorney general's investigation into the Trump Organization. The ruling underscores the seriousness of the allegations and the legal authority of the attorney general's office to pursue its inquiry.
