Ivanka & Donald Trump Reach Agreement With New York A.G. To Delay Testimony In Fraud Case

Former President Donald Trump has struck a deal with the New York attorney general’s office that will temporarily spare him from having to answer questions under oath as part of an investigation into his business, as the former president’s appeal process in the case continues.

In February, a New York judge ordered that Trump and his two eldest children, Don Jr. and Ivanka Trump, appear for a deposition as part of New York state’s civil investigation into Trump Organization’s business practices. It included allegations the family company fraudulently inflated the value of its assets. 

Trump has since appealed that ruling, a move that will probably delay the battle over his testimony by months.

In the deal, which a New York state judge signed off, both sides agreed to an expedited briefing schedule that would conclude by March 31. If they lose the appeal, the Trumps would be required to sit for depositions 14 days after a decision is rendered.

It is not clear how quickly the appeals court will rule. Under the lower court ruling, the former President, Don Jr. and Ivanka Trump were ordered to sit for depositions by March 10.

The Trumps have argued that if New York Attorney General Letitia James (D) wants their testimony, she should bring them before a state grand jury investigating the Trump Organization. The Trump lawyers claimed that she is trying to end-run the grand jury process, where witnesses receive transactional immunity for their testimony in New York.

But the state judge rejected Trumps’ arguments last month, noting they could invoke their Fifth Amendment rights against self-incrimination during their depositions and refuse to answer questions, as Eric Trump did in 2020.

The New York district attorney’s and attorney general’s investigations focus on the accuracy of Donald Trump’s financial statements to lenders, insurers, and others.

In January, James said her office had found “significant” evidence “indicating that the Trump Organization used fraudulent or misleading asset valuations to obtain a host of benefits, including loans, insurance coverage, and tax deductions.” She alleged numerous “misleading statements and omissions on the financial statements.”

The burden of proof in civil investigations is lower than for criminal investigations. To bring a criminal case, prosecutors would need evidence of Trump’s state of mind and whether he intended to mislead or defraud anyone when he made statements embellishing the value of his properties.