NEW YORK (AP) — Former President Donald Trump must answer questions under oath in New York state’s civil investigation into his business practices, a state appeals court ruled Thursday.
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A four-judge panel in the state trial court’s appellate division upheld Manhattan Judge Arthur Engoron’s February 17 ruling enforcing subpoenas for Trump and his two eldest sons to testify in the investigation into Attorney General Letitia James.
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Trump had appealed, seeking to overturn the ruling. His attorneys argued that ordering the Trumps to testify violated their constitutional rights because their responses could be used in a parallel criminal investigation.
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“The existence of a criminal investigation does not preclude civil discovery of related facts, in which a party may exercise the privilege against self-incrimination,” the four-judge panel wrote, citing the Fifth Amendment right against self-incrimination.
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Messages seeking comment were left with the Trumps’ attorneys and James’ office. The Trumps could still appeal the ruling to the state’s highest court, the Court of Appeals.
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James, a Democrat, has said her investigation has 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 benefits.
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Thursday’s ruling could mean a difficult decision for Trump on whether to answer questions or remain silent, citing his Fifth Amendment right against self-incrimination. Anything Trump says in a civil plea could be used against him in the criminal investigation overseen by the Manhattan district attorney’s office.
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At a hearing prior to the Engoron ruling on Feb. 17, Trump’s lawyers argued that having him appear for civil plea is an improper attempt to circumvent a state law that prohibits prosecutors from calling someone to testify before a grand jury. without granting him immunity.
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A lawyer for the attorney general’s office told Engoron that it was not unusual for civil and criminal investigations to take place at the same time, and Engoron refused a request by the lawyers that the Trumps hold the civil investigation until the end of the trial. criminal matter.
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Last summer, spurred by evidence uncovered in the James civil investigation, the Manhattan district attorney’s office charged the Trump Organization and its chief financial officer, Allen Weisselberg, with tax fraud, alleging it raised more than $1.7 million. in unofficial compensation. Weisselberg and the company have pleaded not guilty.
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