Donald Trump ordered to testify in New York civil fraud probe

Donald Trump Jr and Ivanka Trump also must testify, according to state appeals court.

Donald Trump and his family could ask a higher court to further postpone their testimony. Picture: AFP

A New York appeals court has ruled that Donald Trump and two of his adult children must testify under oath as part of the state Attorney-General’s civil fraud ­investigation into the ­family business.

The ruling affirmed a trial judge who previously rejected the Trumps’ bid to block or delay depositions sought by New York Attorney-General Letitia James.

Ms James has said she needs the testimony of Mr Trump, Ivanka Trump and Donald Trump Jr for her investigation into the ­financial dealings of the former president and his business. Eric Trump was previously deposed and declined to answer more than 500 questions, citing his Fifth Amendment right against self-incrimination. The Trumps have denied wrongdoing.

Lawyers for the Trumps had argued that the office of Ms James, a Democrat, had unfairly targeted the former Republican president and his children for political reasons. They also said Ms James could use information gathered through the depositions to gather evidence for a separate criminal investigation by the Manhattan district attorney.

A four-judge panel from the Appellate Division’s First Judicial Department overnight Thursday rejected both arguments. The Trumps “have failed to demonstrate that they were treated differently from any similarly situated persons,” the court said.

The judges also said Ms James’s statements about Mr Trump didn’t support the claim she was using civil subpoenas to improperly gather evidence for the criminal probe. “The existence of a criminal investigation does not preclude civil discovery of related facts,” they wrote.

Ms James said in a statement: “Once again, the courts have ruled that Donald Trump must comply with our lawful investigation into his financial dealings. We will continue to follow the facts of this case and ensure that no one can evade the law.”

A lawyer for the Trumps declined to comment.

The parties in March agreed to delay the depositions until two weeks after the appeals court ruled. It is possible the Trumps could ask a higher court to further postpone the testimony.

Ms James has said her investigation has uncovered evidence the Trump Organisation used “fraudulent or misleading” valuations of assets like golf courses and skyscrapers to get loans and tax benefits.

The Wall Street Journal