Judge Arthur Engoron set several conditions that he said must be met by May 20, or he will restore the finding of disrespect and eventually apply it retroactively. These conditions include the provision of affidavits describing the Trump Organization’s policy of seizure and destruction of documents, including how Post-it notes were processed, and the completion of a review of five Trump-related boxes housed in an off-site storage facility. . A written decision is expected to be issued later Wednesday.
The judge also agreed to allow Trump to put the fine in an escrow account until the appeal against the former president’s disrespect decision is completed.
The judge suspended the fine last Friday when Trump’s lawyers presented additional swearing-in statements, including one from Trump, on his efforts to carry out a summons from the New York Attorney General’s office for archiving.
The New York Attorney General’s office has moved to disrespect Trump after failing to execute a summons for documents issued in December 2021. Prosecutors are investigating the accuracy of financial statements provided by the Trump Organization to creditors, insurers and tax breaks.
At a hearing Wednesday, Andrew Amer, a U.S. attorney, touched on the issue of the Post-it banknotes that Trump used to communicate with his staff and whether they were handed over.
“As far as we know, we have not seen any documents that have mail. And that’s one of the weird things about the production so far, given the statements that were Mr. Trump’s means of communication, “Ames said. He argues that the manipulation of Postit banknotes should be included in the policy of preserving and destroying documents.
Alina Haba, Trump’s lawyer, said she had been told by a Trump adviser that all Postit notes had already been submitted to the Attorney General’s office.
“It’s a little comical,” she told the judge as she picked up a stack of stickers. “I don’t have a formal Post-its practice, do you?”
The judge said they could start a new practice in the law: an affidavit.
The judge also said he wanted Trump’s lawyers to pay attention to all efforts to reach out to Trump’s former executive assistants and whether they could be found.
On Friday, Trump filed an updated affidavit with a judge, saying he no longer had cell phones issued by the Trump Organization and that he had handed over his personal cell phone for search. Haba said she personally searched every nightstand, desk and closet on Trump’s property and found no summons documents.
This story has been updated with additional developments and basic information.
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