FILE
NEW YORK (AP) — Former President Donald Trump must answer questions under oath in New York state’s civil investigation into his business practices, a judge ruled Thursday.
Judge Arthur Engoron ordered Trump and his two eldest children, Ivanka and Donald Trump Jr., to comply with subpoenas issued in December by New York Attorney General Letitia James.
Trump and his two children must sit for a deposition within 21 days, Engoron said.
Engoron issued the ruling after a two-hour hearing with lawyers for the Trumps and James’ office.
“In the final analysis, a State Attorney General commences investigating a business entity, uncovers copious evidence of possible financial fraud, and wants to question, under oath, several of the entities’ principals, including its namesake. She has the clear right to do so.” Engoron wrote in his decision.
The ruling is almost certain to be appealed, but if upheld it could force the former president into a tough decision about whether to answer questions, or stay silent, citing his Fifth Amendment right against self incrimination.
Spokespeople for Trump did not immediately respond to a request for comment on the ruling.
James, a Democrat, said her investigation has uncovered evidence Trump’s company used “fraudulent or misleading” valuations of assets like golf courses and skyscrapers to get loans and tax benefits.
Trump’s lawyers told Engoron during the hearing that having him sit for a civil deposition now, while his company is also the subject of a parallel criminal investigation, is an improper attempt to get around a state law barring prosecutors from calling someone to testify before a criminal grand jury without giving them immunity.
“If she wants sworn testimony from my client, he’s entitled to immunity. He gets immunity for what he says, or he says nothing,” Trump’s criminal defense lawyer, Ronald Fischetti, said in the hearing, which was conducted by video conference.
If Trump were to testify in the civil probe, anything he says could be used against him in the criminal investigation being overseen by the Manhattan district attorney’s office.
Trump could invoke his Fifth Amendment right to remain silent in a deposition — something he’s criticized others for doing in the past. But Fischetti said if Trump did so, it could still hurt a potential criminal defense.
