Former president Donald Trump he has to hand over documents to the New York Attorney General’s investigation into his business cases by the end of the month, but now he won’t have to answer questions under oath while appealing the judge’s order under a new agreement.
The agreement was reached on Thursday between the former president and his eldest children Don Jr.. and Ivanka Trumpand Attorney Letitia James.
This means that they will now have to testify within two weeks of their failure to appeal, which is likely to delay the trial by several months.
Last month, New York Supreme Court Judge Arthur Engoren ordered Trump to testify within three weeks.
They immediately appealed.
In a letter to Judge Kevin Wallace, a lawyer in the Attorney General’s office, he said the two sides had reached an agreement “in the interests of both the parties and the court” to extend Trump’s time for witnesses to testify. within two weeks of the decision of the First Department. “
As part of the agreement, Trump also agreed to comply with summons to hand over documents and other information by the end of the month.
Engoron approved the deal by order on Thursday.
Former President Donald Trump has reached an agreement with the Attorney General of New York, which allows him not to testify in a case concerning his business relationship, while an appeal is pending
Attorney General Leticia James says her office has evidence that the Trump Organization has inflated the value of assets to obtain loans and underestimated property when it comes to taxes.
James also wants Trump’s two eldest children, Donald Trump Jr. and Ivanka Trump, to testify
Take the 5th? Trump may soon be in the New York investigation after a judge orders him to testify within 21 days
From the Associated Press
To plead the Fifth or not to plead the Fifth?
This is the question that Donald Trump may face after a judge in New York ordered the former president to testify in a long-running state civil investigation into his business practices.
Trump’s lawyers have appealed the decision – and with Thursday’s deal, it could mean that the former president has months before he knows whether to testify.
If he does not win, Trump will have to decide whether to answer questions under oath or remain silent and invoke his Fifth Amendment against self-blame, a tactic he has equated with evidence of guilt.
“The crowd is taking over,” Trump told an Iowa campaign public when he ran for president.
“If you’re innocent, don’t shut up,” Trump tweeted in 2014, offering free advice as Bill Cosby faced a wave of sexual assault charges. “You look damn guilty!”
Apart from any legal considerations, refusing to answer James’ questions carries political risks.
“It would be remarkable for a former president and potential candidate for the fifth position,” said Stephen Gillers, a law professor at New York University. “The problem with the appearance – at least as his lawyers will see it – is that Trump can’t be controlled and is likely to say things that will cause more problems for him and his family.”
Trump’s own lawyers admitted during a court hearing Thursday that the former president faces risks by sitting with lawyers leading an investigation he has long ridiculed as a “witch hunt”.
But even silence could harm potential criminal defenses, Trump’s lawyers said.
“If he comes in and follows my advice, which will be that you can’t answer these questions without, immunity, because that’s what the law says, and take the Fifth Amendment, it will be on every front page of the World newspaper. And how can I choose a jury in such a case? This was said by lawyer Ronald Fischetti during the hearing on Thursday.
Trump will not be given a “general statement” of his right to the Fifth Amendment, but he is required to refer to it “separately for each question asked,” said David C. Weinstein, a former federal prosecutor. “It’s a very long and long process,” he said.
James says her office has evidence that the Trump Organization has inflated the value of assets to obtain loans and underestimated property when it comes to taxes.
The Trump family denies any wrongdoing and has accused James, a Democrat, of leading a politically motivated investigation.
They also say her subpoenas could be misused to gather evidence for a separate criminal investigation led by the Manhattan District Attorney.
Trump’s lawyer, Alina Haba, told the New York Post: “We are pleased that these proceedings will be suspended pending our appeal and we look forward to our opportunity to discuss this case with the Appeals Division.”
Trump is facing numerous investigations into his business relationship and his last weeks in office when he challenged the results of the 2020 election and his supporters attacked the US Capitol.
This week, it became clear that members of the House of Representatives’ investigation on January 6th have filed a possible criminal case against the former president in a lawsuit.
They said there was enough evidence to conclude that Trump and his allies may have talked about fraud and obstruction in trying to undo the result.
But legal experts said it would be difficult to set up a case.
Meanwhile, on Thursday it became clear that Don. Jr. Kimberly Guilfoil’s fiancée, who spoke at a rally on January 6, has been summoned by the investigation.
The latest twist in Trump’s business investigation came after Trump’s lawyers failed last month in an attempt to hold the case pending a Manhattan criminal investigation.
During a deteriorating hearing, Haba claimed that the former president was a victim of discrimination.
James feels “so much disdain for this man because he was president, because he is Donald Trump and he can probably win again in ’24,” she said, according to Newsweek.
“He has rights under the First Amendment. He is allowed to be a Republican.
Engoron replied: “There is no discrimination in terms of views. I’m just saying no.
At the time, Haba claimed that Trump was part of a “protected class.”
“The traditional protected classes are race, religion, etc.,” Engoron replied.
“Donald Trump does not fit this type of mold or model. He is not discriminated against on the basis of race, is he? Or religion, right?
– He is not a protected class.
“If Ms. James has anything against him, well, I don’t think it’s illegal discrimination.
“He’s just a bad person she has to prosecute as the state’s chief of staff.”
Rejecting their request, Engoron said it would be a “neglect of duty” for the Office of the Attorney General (OAG) not to continue its investigation.
“In fact, the closed-door examination of thousands of documents in response to OAG’s previous subpoenas shows that the OAG has sufficient grounds to continue its investigation, which undermines the idea that this ongoing investigation is based on personal hostility and not on facts and law, “he said. .
Kevin Wallace, a lawyer at the AG office, wrote in a letter to Judge Engoron that the service agreed to stay “in the interests of efficiency for both parties and the court”.
And he expanded on his comments, saying James’ election comments were protected by the First Amendment.
He ordered Trump to provide the requested documents and information within 14 days and he, Ivanka Trump and Don Jr. to testify within 21 days.
Don Jr. and Eric ran the Trump organization along with already-accused CEO Alan Weisselberg while Trump was president.
The decision comes after a bomb revealed that Trump’s longtime accounting firm Mazars USA has left and that it cannot rely on 10-year financial statements.
Although undoubtedly useful to prosecutors, James has already been able to obtain a wealth of information through summonses and interviews with other company employees.
She was able to obtain a wealth of tax and financial information from Trump’s longtime accounting firm, Mazars, following a lawsuit that went to the Supreme Court.