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Trump loses appeal and must swear and testify to his business practices in a New York civil investigation – Chicago Tribune

New York — Former President Donald Trump must answer questions under the oath of a civil investigation into New York State Attorney General’s business practices, the State Court of Appeals ruled Thursday, and his answers are in parallel. A criminal investigation that rejected his claim to be exempt from testimony because it could be used.

Four judges in the state court’s appeal department upheld Judge Arthur Engoron’s February 17 decision, with Trump and his two eldest sons, Ivanka and Donald Jr., attorney general Leticia. Requested James to submit a subpoena. Research.

“The existence of a criminal investigation does not preclude a civil finding of relevant facts in which the parties may exercise their privileges against self-incrimination,” the Appeals Commission said in Article 5 of the US Constitutional Amendment and Written by citing other legal protections against witnesses.

In March, Trump’s lawyer agreed to sit for testimony recording within 14 days of the Appeals Commission’s decision in support of Engoron’s decision. They may also appeal the decision to the Supreme Court of Appeals, the state’s Supreme Court, and postpone the issue and Trump’s potential testimony indefinitely.

A message was left to ask Trump’s lawyer for comment.

James praised the ruling, which was issued just two weeks after the Appeals Commission heard the oral argument in the case. She tweeted, “No one is beyond the law, so her investigation remains unwavering.”

“Once again, the court ruled that Donald Trump must follow our legitimate investigation into his financial transactions,” James said in writing. “We will continue to track the facts of this case so that no one can circumvent the law.”

According to her research, James found that Trump’s company, The Trump Organization, received loan and tax incentives using a “fraudulent or misleading” assessment of assets such as golf courses and skyscrapers. Said that it was revealed. Both Ivanka and Donald Trump Jr. are executives of the Trump Organization and one of his father’s most trusted allies.

In its ruling, the Appeals Commission explained an investigation focusing on whether Trump “performed a permanent fraud in their financial practices and disclosures.”

Republican Trump denied the claim and said he had investigated James as part of a politically motivated “witch hunt.”

In suing Engoron’s subpoena, his lawyer alleged that Democrat James was engaged in a “selective charge.” The Appeals Commission refused, saying the investigation was based on solid legal grounds and Trump did not show evidence that they or their company were “treated differently” from other companies under similar scrutiny. bottom.

Trump’s lawyer, Alan Futerfas, told the Appeals Commission in an oral argument on May 11 that James had a civil summons to circumvent New York law requiring immunity from those who testify before the grand jury. He said he seems to be using.

Judith Vale, who claims on behalf of James’ office, argued that there was sufficient evidence from a civil investigation to support the subpoena of Trump’s testimony.

She also quoted a case that allowed the Justice Secretary’s office to do so, as Trump’s son Eric did hundreds of times in the 2020 deposit, Trump has always been the fifth for self-incrimination. He said he could exercise the right to amend.

Judge Rolando T. Acosta of the Court of Appeals, when questioning Futerfas from the bench, appeared to have foreseen Thursday’s ruling and agreed to that position.

Everything Trump said in the civil testimony record in James’ investigation could be used against him in a criminal investigation monitored by Manhattan District Attorney Alvin Bragg.

Inspired by evidence revealed by James’ office last summer, DA’s office charged Trump Organization and its longtime chief financial officer Allen Weisselberg with tax evasion, and he was indemnified off-book. Claimed to have raised over $ 1.7 million in. Weisselberg and the company pleaded not guilty.

Thursday’s Court of Appeals decision was the latest in a series of legal activities, including an investigation by Trump and the Attorney General over the past few weeks.

Last week, Trump tried to end the contempt of court issued on April 25 after slow response to another subpoena from James seeking documents and other evidence for $ 110,000. I paid a fine and met some other conditions.

On Monday, James’ office said he would summon Trump’s longtime executive assistant, Lornagraph, to ask her under an oath in an investigation next week.

Meanwhile, a federal judge in New York is expected to immediately rule in a proceeding filed against James in December to suspend James’ investigation. Trump’s lawyer wants an injunction to stop the investigation. James’s office is trying to reverse the proceedings.

At a May 13 hearing in a federal case, a lawyer at James’s office said the investigation was “near the end” and, although final, “obviously considerable” in favor of civil enforcement proceedings. There was evidence of quantity. ” Not made.

Since James’ investigation is civil in nature, she may file a lawsuit, seek financial penalties against Trump or his company, or ban him from engaging in certain types of business. I have.

It happened in January when a judge banned former pharmaceutical company CEO Martin Shkreli from the pharmaceutical industry for the rest of his life.

Trump loses appeal and must swear and testify to his business practices in a New York civil investigation – Chicago Tribune

Source link Trump loses appeal and must swear and testify to his business practices in a New York civil investigation – Chicago Tribune

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