Former US President Donald Trump must answer cross-examination, under oath, in New York state’s civil investigation into business practices, a state appeals court ruled Thursday.
A four-judge panel of the New York state lower court’s appellate division upheld the February 17 decision by Manhattan Judge Arthur Engoron, who had served subpoenas on Trump and his two eldest sons. forcing them to testify in the investigation led by prosecutor Letitia James.
Trump had appealed that ruling, seeking to overturn the decision, arguing that forcing Trump family members to testify violated their constitutional rights as their responses could be used in a parallel criminal investigation.
The existence of a criminal investigation does not preclude the civil discovery of related facts,” the four-judge panel has now responded.
Attorney Letitia James, a Democrat, said her investigation uncovered evidence that Trump’s company, the Trump Organization, used “fraudulent or misleading” valuations of assets such as golf courses and skyscrapers to obtain loans and tax breaks.
Thursday’s court ruling could pose a difficult dilemma for Trump, whether to answer questions or remain silent, invoking his Fifth Amendment right against self-incrimination.
Anything Trump says in court in this civil case can be used against him in the criminal investigation, which is being overseen by the Manhattan district attorney’s office.
At a hearing prior to the Engoron ruling on February 17, Trump’s lawyers argued that sitting the former president in court for civil testimony is an improper attempt to circumvent a state law that prevents prosecutors from calling someone to testify before a criminal grand jury without giving them immunity.
A lawyer for the prosecutor’s office told Engoron it was not uncommon to have civil and criminal investigations going on at the same time, and the judge denied a request by the lawyers that members of the Trump family suspend the civil investigation until the criminal matter comes to court. its term
Last summer, following the discovery of evidence in the civil investigation, the Manhattan district attorney’s office accused the Trump Organization of tax fraud and its former CFO, Allen Weisselberg, claiming that it raised more than $1.7 million in unrecorded revenue.
Source: Observadora
