A state appeals court ruled that former President Donald Trump must answer questions under oath in New York state’s civil investigation into his business practices.
“The existence of a criminal investigation does not preclude civil discovery of related facts, at which a party may exercise the privilege against self-incrimination,” the appellate panel wrote, citing the Fifth Amendment to the U.S. Constitution and other legal protections for witnesses.
James has said her investigation has uncovered evidence Trump’s company, the Trump Organization, used “fraudulent or misleading” valuations of assets like golf courses and skyscrapers to get loans and tax benefits. Ivanka and Donald Trump Jr. have both been executives in the Trump Organization and are among their father’s most trusted allies.
In appealing Engoron’s subpoena ruling, his lawyers argued that James, a Democrat, was engaging in “selective prosecution.” The appellate panel rejected that, saying the investigation was on solid legal footing and that the Trumps showed no evidence they or their company were “treated differently” than other companies under similar scrutiny.
She also cited legal precedent allowing the attorney general’s office to do so, and said the Trumps could always invoke their Fifth Amendment right against self-incrimination — as Trump’s son Eric did hundreds of times in a 2020 deposition. Last summer, spurred by evidence uncovered by James’ office, the DA’s office charged the Trump Organization and its longtime finance chief, Allen Weisselberg, with tax fraud, alleging he collected more than $1.7 million in off-the-books compensation. Weisselberg and the company have pleaded not guilty.
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