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U.S. NEWS Friday 18 February 2022
Trump must testify in New York investigation, judge rules

By MICHAEL R. SISAK entitled to immunity. He case?” Fischetti said. criminal probe. motivated “continuation
Associated Press gets immunity for what he A lawyer for the attorney She said the civil investiga- of a Witch Hunt the likes of
NEW YORK (AP) — Former which has never been seen
President Donald Trump in this Country before.”
must answer questions un- Habba argued at Thurs-
der oath in New York state’s day’s hearing that James’
civil investigation into his investigation is “selective
business practices, a judge prosecution” and that the
ruled Thursday. attorney general is “en-
Judge Arthur Engoron or- gaging in viewpoint dis-
dered Trump and his two crimination” motivated by
eldest children, Ivanka and her political ambitions and
Donald Trump Jr., to com- disdain for the Republican
ply with subpoenas issued former president, evinced
in December by New York by comments she made
Attorney General Letitia over the years about going
James. after Trump.
Trump and his two children “We have an extraordinary
must sit for a deposition rare case where we can
within 21 days, Engoron prove selective prosecu-
said. Engoron issued the rul- tion because she’s put her
ing after a two-hour hear- words out there so much
ing with lawyers for the and taken every opportu-
Trumps and James’ office. nity to voice her vendet-
“In the final analysis, a ta against Donald Trump
State Attorney General and his family to take him
commences investigating down,” Habba said.
a business entity, uncovers Wallace noted the state at-
copious evidence of pos- torney general’s office was
sible financial fraud, and investigating Trump-related
wants to question, under matters as far back as 2013,
oath, several of the enti- including probes into his
ties’ principals, including charitable foundation and
its namesake. She has the a Trump University real es-
clear right to do so.” En- tate training program that
goron wrote in his decision. started long before James
The ruling is almost certain Former president Donald Trump speaks at the Conservative Political Action Conference (CPAC) was elected.
to be appealed, but if up- Sunday, Feb. 28, 2021, in Orlando, Fla. In a court filing this week,
held it could force the for- Associated Press James included a letter
mer president into a tough from Trump’s longtime ac-
decision about whether to says, or he says nothing,” general’s office, Kevin Wal- tion should be stayed until counting firm advising him
answer questions, or stay si- Trump’s criminal defense lace, told the judge that it the criminal matter is over, to no longer rely on years of
lent, citing his Fifth Amend- lawyer, Ronald Fischetti, wasn’t unusual to have civil claiming James’ office is financial statements it pre-
ment right against self in- said in the hearing, which and criminal investigations putting the Trumps “in a pared based on his com-
crimination. was conducted by video proceeding at the same position where they either pany’s valuations, given
Spokespeople for Trump did conference. time. disclose evidence in a civil the questions about their
not immediately respond If Trump were to testify in “Mr. Trump is a high pro- investigation or they have accuracy.
to a request for comment the civil probe, anything he file individual, yes. That’s to invoke the constitutional James tweeted after the
on the ruling. says could be used against unique,” Wallace said. “It’s right not to testify, thereby ruling Thursday: “No one
James, a Democrat, said him in the criminal investi- unique that so many peo- triggering an adverse infer- will be permitted to stand in
her investigation has un- gation being overseen by ple are paying attention to ence in the civil action.” the way of the pursuit of jus-
covered evidence Trump’s the Manhattan district at- a rather dry hearing about “How is that fair, your Hon- tice, no matter how power-
company used “fraudulent torney’s office. subpoena enforcement. or? We have to stop one,” ful they are.”
or misleading” valuations of Trump could invoke his Fifth But the the legal issues that she said. Last summer, spurred by
assets like golf courses and Amendment right to re- we’re dealing with here are Alan Futerfas, a lawyer for evidence uncovered in
skyscrapers to get loans main silent in a deposition pretty standard.” Ivanka and Donald Trump James’ civil investigation,
and tax benefits. — something he’s criticized Another Trump son, Eric Jr., both of whom have the Manhattan district at-
Trump’s lawyers told En- others for doing in the past. Trump, and the Trump Or- been executives in their torney’s office charged
goron during the hearing But Fischetti said if Trump ganization’s finance chief family’s Trump Organiza- Weisselberg and the Trump
that having him sit for a civil did so, it could still hurt a Allen Weisselberg, have tion, said during the court Organization with tax fraud,
deposition now, while his potential criminal defense. previously sat for deposi- hearing that so far he had alleging he collected more
company is also the sub- “If he goes in and follows tions in the civil investiga- no reason to believe either than $1.7 million in off-the-
ject of a parallel criminal in- my advice, which will be tion — and invoked their are targets of the district at- books compensation. Weis-
vestigation, is an improper you cannot answer these Fifth Amendment rights torney’s criminal investiga- selberg and the company
attempt to get around a questions without ... immu- hundreds of times when tion. have pleaded not guilty.
state law barring prosecu- nity because that’s what they were questioned by In a statement Tuesday, Engoron previously sided
tors from calling someone the law provides, and investigators in 2020. Trump railed against what with James on other mat-
to testify before a criminal take the Fifth Amendment, Another lawyer for Donald he called a “sham investi- ters relating to the probe,
grand jury without giving that’ll be on every front Trump, Alina Habba, ac- gation of a great company including making Eric
them immunity. page in the newspaper in cused James of trying to that has done a spectacu- Trump testify after his law-
“If she wants sworn testi- the world. And how can I use the civil investigation lar job for New York and yers abruptly canceled a
mony from my client, he’s possibly pick a jury in that to gather evidence for the beyond” and a racially scheduled deposition.q