Former President Donald Trump must turn over documents to the New York attorney general’s investigation into his business affairs by the end of the month but will not now have to answer questions under oath while he appeals a judge’s order to testify, according to a new deal.
The agreement was struck on Thursday between the former president, his oldest children Don Jr. and Ivanka Trump, and the prosecutor Letitia James.
It means they will now have to testify within two weeks of their appeal failing, likely delaying the process for several months.
Last month, New York Supreme Court Justice Arthur Engoron ordered the Trump to appear for depositions within three weeks.
They immediately appealed.
In a letter to the judge, Kevin Wallace, a lawyer in the attorney general’s office, said the two sides had reached an agreement ‘in the interest of efficiency for both the parties and the court’ to ‘extend the time for the Trump Respondents to appear for testimony until two weeks after a decision by the First Department.’
As part of the arrangement, Trump also agreed to comply with subpoenas to turn over documents and other information by the end of the month.
Engoron approved the deal in an order on Thursday.
Former President Donald Trump reached a deal with the New York Attorney General on that allows him not to testify in a case looking at his business dealings while an appeal plays out
Attorney General Letitia James says her office has evidence that the Trump Organization inflated the value of assets to obtain loans, and undervalued properties when it came to taxes.
James also wants Trump’s two oldest children Donald Trump Jr. and Ivanka Trump to testify
James says her office has evidence that the Trump Organization inflated the value of assets to obtain loans, and undervalued properties when it came to taxes.
The Trumps deny any wrongdoing and accused James, a Democrat, of leading a politically motivated investigation.
They also say her subpoenas could be used improperly to gather evidence for a separate criminal investigation being run by the Manhattan district attorney.
Trump’s lawyer Alina Habba told the New York Post: ‘We are pleased that these proceedings will be put on hold pending our appeal and look forward to our opportunity to argue this case before the Appellate Division.’
Trump faces multiple investigations over his business dealings and his final weeks in office, when he contested the results of the 2020 election and his supporters attacked the US Capitol.
This week, it emerged that members of the House Jan. 6 investigation had set out a possible criminal case against against the former president in a court filing.
They said there was enough evidence to conclude Trump and allies might have conspired to commit fraud and obstruction by attempting to overturn the result.
But legal experts said it would be hard to build a case.
In the meantime, it emerged on Thursday that Don. Jr’s fiancee Kimberly Guilfoyle, who spoke at a Jan. 6 rally, had been subpoenaed by the investigation.
The latest twist in the investigation into Trump’s business dealings came after Trump’s lawyers last month failed in their attempt to have the case put on hold while Manhattan’s criminal probe plays out.
During a bad-tempered hearing, Habba argued that the former president was the victim of discrimination.
James has ‘such disdain for this person because he was president, because he is Donald Trump and he could probably win again in ’24,’ she said, according to Newsweek.
‘He has First Amendment rights. He’s allowed to be a Republican.’
Engoron responded: ‘There’s no viewpoint discrimination. I’m just saying there is none.’
Habba then contended that Trump was part of a ‘protected class.’
‘The traditional protected classes are race, religion, etcetera,’ Engoron responded.
‘Donald Trump doesn’t fit that kind of mold or model. He’s not being discriminated against based on race, is he? Or religion, is he?
‘He’s not a protected class.
‘If Ms. James has a thing against him, OK, that’s not in my understanding unlawful discrimination.
‘He’s just a bad guy she should go after as the chief law enforcement officer of the state.’
In denying their motion, Engoron said it would be ‘dereliction of duty’ for the Office of the Attorney General (OAG) not to continue its investigation.
‘Indeed this court’s in camera review of thousands of documents responsive to OAG’s prior subpoenas demonstrates that OAG has a sufficient basis for continuing its investigation, which undercuts the notion that this ongoing investigation is based on personal animus, not facts and law,’ he said.
Kevin Wallace, a lawyer in the AG’s office, wrote in a letter to Justice Engoron that the office is agreeing to the stay ‘in the interest of efficiency for both parties and the court’
And he expanded on his hearing comments by saying that James’ elections comments were protected under the First Amendment.
He ordered that Trump provide the requested documents and information within 14 days and that he, Ivanka Trump and Don Jr all give depositions within 21 days.
Don Jr. and Eric ran the Trump Organization along with now-indicted executive Allen Weisselberg while Trump was serving as president.
The decision comes after a bombshell filing revealed Trump’s longtime accounting firm Mazars USA had quit and that 10 years of financial statements could not be relied on.
While undoubtedly helpful for prosecutors, James has already been able to obtain a trove of information through subpoenas and interviews with other company officials.
She was able to obtain a wealth of tax and financial information from Trump’s longtime accounting firm, Mazars, following a case that went to the Supreme Court.
