Former President Donald Trump and his two adult children appealed a Manhattan judge’s order to sit them down to pay in the New York attorney general’s civil investigation into their finances.
Minister of Justice Letitia James (D), who has been investigating the family and their business since 2019, sees this activity as a delaying tactic.
“Donald J. Trump, Donald Trump, Jr.and Ivanka Trump was ordered by the court to comply with our lawful investigation of Mr. Trump and the Trump Organization’s financial dealings,” James wrote. “While they have the right to seek a delay, they cannot prevent us from following the facts and the law wherever they may lead. Make no mistake: My office will continue to pursue this case without fear or support because no one is above the law. ”
Trump’s Attorney Ron Fischetti signaled that the family would appeal any ruling against them during a hearing on February 17, asking Manhattan Supreme Court Judge Arthur Engoron to give the family time to fight any adverse ruling.
“If you decide that this subpoena cannot be revoked, please — I beg you, I plead with you — give your decision but give us time to appeal.” Fischetti insist at that time.
Hours later, Engoron gave them a harsh order 21 days before being brought down. The judge remarked that the thousands of records he personally examined showed “abundant evidence of the possibility of financial fraud“To justify a deposition.
Trump’s lawyers argued that the ruling made them bound.
If they assert their Fifth Amendment rights not to self-incriminate, those non-answers cannot be used against them in a criminal investigation by the Manhattan District Attorney. Alvin Bragg (D), officially taking place, if reported on line. Trump’s Son Eric Trump is said to have asserted his right to resist self-incrimination in response more than 500 questions was asked by the attorney general’s office in October 2020.
Although the United States Constitution prohibits any adverse inference from such inhumane acts in criminal proceedings, the same is not true of civil investigations. Trump’s lawyers argue that the deposits cause them to choose between their constitutional rights and leave themselves vulnerable to civil lawsuits.
Engoron brushed those worries aside in his judgment.
“The target of a mixed civil/criminal investigation cannot use the Fifth Amendment as a sword and a shield; a shield against questions and a sword against the investigation itself,” he wrote. “Once they are removed from office, the new Trump Respondent will have the right to refuse to answer any question they think may be incriminating, and that refusal may not be commented on or used against.” them in a criminal prosecution. However, it is not unjust to allow the juror in a civil case to know these denials and to draw his own conclusions.”
Trump’s Attorney Alina Habba did not immediately respond to an email requesting comment.
Earlier this week, the Manhattan District Attorney’s criminal investigation into Trump lost two key players, the lead prosecutor. Mark Pomerantz and Carey Dunne resigned. Their surprise withdrawal was widely interpreted as a sign that Bragg did not believe a lawsuit could be brought against Trump, who has attacked both civil and criminal investigations for his actions. political body.
[Image via TIMOTHY A. CLARY/AFP via Getty Images]
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https://lawandcrime.com/high-profile/donald-trump-and-his-adult-children-appeal-a-manhattan-judges-ruling-ordering-their-depositions/ Donald Trump, Donald Trump Jr., Ivanka Trump Order to file an appeal