Former President Donald Trump and his eldest children must testify under oath in New York’s civil examination into suspected fraud at his family’s business, according to a US judge.
The decision is the latest legal setback for Trump, who is fighting a slew of court battles that threaten to hamper any campaign for the White House in 2024.
The Trumps have sought numerous times to halt the investigation by New York Attorney General Letitia James, who announced last month that she had found “substantial evidence” of fraudulent or misleading conduct at the Trump Organization.
State Judge Arthur Engoron denied Trump, Donald Jr., and Ivanka’s request to invalidate subpoenas issued by James in December after more than two hours of oral arguments.
He gave the trio 21 days to sit for depositions with James’ office. The Trumps are anticipated to file a legal challenge.
Their lawyers claimed that the civil subpoenas were an attempt by James to obtain information for a separate criminal investigation against the Trump Organization, in which she is involved.
They claimed James was attempting to get around a New York state law that guarantees witnesses immunity when they testify before a grand jury in criminal matters.
Their argument, according to Engoron, “totally misses the mark,” adding that neither the Manhattan district attorney’s office nor James’s office has ordered the Trumps to go before a grand jury.
Engoron went on to say that the Trumps could use their Fifth Amendment right not to testify against themselves during the civil litigation.
During a deposition for James’ probe in October 2020, another of Trump’s sons, Eric, pled the fifth “more than 500 times,” he said.
Engoron also dismissed Trump’s suggestion that James’ investigation is politically motivated.
