Lawyers for and his two eldest children have accused a New York judge of abusing his discretion when he decided that the former president would be required to testify under oath as part of an investigation into his business practices.
In papers filed on Monday, Trump’s lawyers say Manhattan Judge Arthur Engoron failed to properly weight constitutional and ethical concerns that they raised about New York Attorney General Letitia James’ investigation regarding the Trump Organization’s financial dealings.
Lawyers for the Trumps are fighting to overturn the as part of James’ investigation.
In a 72-page brief, they rehash prior claims that James, a Democrat, is targeting the Trump family for political gain, and that if the Trumps were to testify, their answers could be used against them in a parallel criminal investigation.
Lawyers for the Trumps’ contend that Engoron was wrong to limit the scope of a two-hour hearing before his ruling and that he did not have all the information needed to make a proper ruling. The lawyers claim Engoron denied their requests for hearings that would explore the coordination between James’ office and the Manhattan district attorney’s office, which is running the criminal probe.
James issued a response to the Trump’s court filing Monday.
‘Donald J Trump, Donald Trump Jr and Ivanka Trump were ordered by a judge to comply with our investigation into Mr Trump and the Trump Organization’s financial dealings,’ James said.
‘Despite continuous efforts to impede this investigation, no one can stop our pursuit of justice, no matter how powerful they are. We will continue to follow the facts without fear or favor.’
James has stated her investigation has uncovered evidence that the former president’s company, the Trump Organization, used ‘fraudulent or misleading’ valuations of assets like golf courses and skyscrapers to get loans and tax benefits.
She asked the court to compel compliance with her subpoenas, which include a request for records she says Trump has not yet handed over.
The Trumps and the New York attorney general’s office have agreed to pause the enforcement of the subpoenas during the appeals process. The appellate court will likely hear arguments in May or June, the court records show.
If he chooses not to answer questions, Trump could invoke his Fifth Amendment right to remain silent, but if he did, he could hurt a potential criminal defense, his attorney said previously.
Trump has also criticized others for their use of their Fifth Amendment right against self-incrimination in the past, while his son Eric has previously sat for depositions in the civil investigation where he invoked his Fifth Amendment rights hundreds of times.
.
