Judges Rule Trump, Children Must Testify in New York Investigation

Former U.S. President Donald Trump speaks during a rally in Delaware, Ohio, on April 23, 2022. Gaelen Morse/Reuters

Former President Donald Trump and two of his children must testify in the investigation headed by New York Attorney General Letitia James, a panel of judges ruled on May 26.

The panel of New York Supreme Court justices said the Trumps hadn’t proven that they were “treated differently from any similarly situated persons,” rejecting arguments that the Trumps were politically targeted by James, a Democrat who campaigned on the promise to investigate Trump.

“The political campaign and other public statements made by [James] about appellants do not support the claim that [James’ office] initiated, or is using, the subpoenas in this civil investigation to obtain testimony solely for use in a criminal proceeding or in a manner that would otherwise improperly undermine appellants’ privilege against self-incrimination,” the panel stated.

The justices also said that because there’s no indication that James was going to grant immunity to the Trumps to secure their testimony, the subpoenas she issued didn’t “frustrate any right to testify with immunity.”

The panel consisted of Justices Rolando Acosta, a David Paterson appointee; and Anil Singh, Peter Moulton, and Tanya Kennedy, all Andrew Cuomo appointees.

A lawyer for Trump didn’t respond by press time to a request for comment.

New York Attorney General Letitia James speaks during a press conference in Manhattan in New York on May 21, 2021. Michael M. Santiago/Getty Images

The decision, which upheld an earlier ruling from New York Supreme Court Judge Arthur Engoron, could be appealed to the New York Court of Appeals.

In an appeal on Feb. 28, Trump asked justices to overturn or stay Engoron’s order, which rejected a bid to quash the subpoenas.

The appeal stated that James’s office was violating the rights of the Trumps because it’s a law enforcement agency participating in a criminal prosecution of them at the same time that it’s seeking their testimony in the case in question, which is a civil suit. Lawyers for Trump also alleged that James was engaged in “impermissible selective prosecution” against the Trumps.

James is investigating The Trump Organization, a Trump family business. She has said that she found indications that the company’s financial documents contain “material misstatements and omissions” and said getting answers from Trump, Donald Trump Jr., and Ivanka Trump would help determine who was responsible for the issues.

“Once again, the courts have ruled that Donald Trump must comply with our lawful investigation into his financial dealings,“ James said in a statement after the new ruling. ”We will continue to follow the facts of this case and ensure that no one can evade the law.”