This week, a judge ruled that Donald J. Trump, Donald Trump, Jr., and Ivanka Trump must all appear for sworn testimony for an ongoing civil investigation conducted by New York Attorney General Letitia James.
However, Trump and his family have a history of attempting to avoid providing testimony, in this investigation and others. What happens if they refuse?
According to the New York Times, Trump and his children could plead the fifth amendment, which provides people a constitutional right not to incriminate themselves. Eric Trump, another of Trump’s children did so when he was questioned by James’ office in 2020.
Justice Arthur F. Engoron of the New York State Supreme Court rejected Eric Trump’s request to postpone that questioning. He also issued the ruling Thursday requiring Trump, his other son and Ivanka Trump to testify within 21 days.
A Trump spokesperson said the family intends to appeal the decision, according to the Times.
James’ office seeks to determine if Trump improperly inflated the value of his assets to obtain favorable loans. Another investigation by the Manhattan district attorney is examining the same issue.
While James indicated in court papers that she has evidence that the Trump family business engaged in “fraudulent or misleading” practices, she needs his and his children’s testimony to “determine who was responsible for the misstatements and omissions that the company made in its financial documents.”
“Failed Gubernatorial candidate, Letitia James, can run for the office of AG on saying absolutely horrendous and false things about Donald Trump, a man she doesn’t know and has never met, go on to get elected, and then selectively prosecute him and his family,” said a nearly 300-word statement of the Donald J. Trump website. It also mentioned claims about Hillary Clinton, the Democratic party and an alleged “witch hunt” against Trump. James is a Democrat and Trump is a Republican.
Engoron’s ruling Thursday came after a “fiery” virtual hearing in State Supreme Court in Manhattan. During the hearing, attorneys for Trump became so heated that the judge and his law clerk called for several time-outs.
In addition to the call for testimony, Engoron ruled that Trump should produce additional documentation within 14 days.
“Today, justice prevailed,” said Attorney General James of the ruling.
Going forward, James would only be able to bring civil charges for fraudulent business practices. However, James could file a criminal lawsuit against Trump, his company and others involved if she finds she has significant evidence of wrongdoing.
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