In a four-page order, the court found that the lower court “had rightly rejected the appellants’ arguments that the summons issued by the OAG should be set aside”.
The Court of Appeals said the parallel criminal investigation by the Manhattan District Attorney’s Office did not stop New York Attorney General Leticia James, a Democrat, from continuing her civil investigation, including testimony.
“The existence of a criminal investigation does not preclude the civil disclosure of a related fact in which the country may exercise the privilege against self-incrimination,” the court wrote. Judges also rejected Trump’s allegations that they were selectively persecuted for Trump’s political leanings. James’ office called Trump, Ivanka Trump and Donald Trump Jr. to testify last year.
Alan Futterfass, a lawyer for Trump Jr. and Ivanka Trump, said they were “considering a solution.”
Ronald Fischetti, Trump’s lawyer, has no immediate comment. Alina Haba, another Trump lawyer, could not be found immediately. The Trump family may further appeal the decision.
The decision was a failure for Trump, who tried to avoid testimony in the Attorney General’s investigation. James’s office said in January that it had found “significant” evidence that the Trump Organization had used false or misleading estimates of its assets in its financial statements to obtain loans, insurance and tax breaks, and that it should interview Trump. their participation. Lawyers at James’s office said earlier that the investigation was almost over and that civil action could follow. They are due to interview longtime Trump assistant Rona Graf next week. She served as Trump’s goalkeeper for decades until April 2021.
The decision comes just two weeks after the appellate panel expressed skepticism during oral arguments in the deposit dispute. During the hearing, Judge Rolando Acosta asked Trump’s lawyer about their right to the Fifth Amendment not to answer questions: “What’s stopping you from just invoking it? Why should we intervene in this case or limit the powers given to the Attorney General? ”
The Trump family claims that James is trying to end the grand jury trial, where witnesses receive transactional immunity for their testimony in New York. The lower court judge rejected this argument, saying they could refer to the fifth decision, which the appellate court agreed to.
It is unclear whether Trump will answer specific questions when they are removed. In a civil case, the jury can make an “unfavorable conclusion” and make it against people who do not answer questions.
Earlier, Eric Trump was fired from the New York Attorney General’s Office and refused to answer questions, claiming his right to the Fifth Amendment against self-incrimination more than 500 times.
On Thursday, James applauded the appeals court’s decision.
“The court again ruled in our favor and ordered Donald Trump, Donald Trump Jr. and Ivanka Trump to appear before my office to testify under oath. “Our investigation will continue irrevocably because no one is above the law,” James tweeted in response to the decision.
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