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                                                                                                 u.s. news Diabierna 27 Mei 2022

                             Trump loses appeal, must testify in New York civil probe


            By MICHAEL R. SISAK                                                                                                 have pleaded not guilty.
            Associated Press                                                                                                    Thursday's  appellate  court
            NEW YORK (AP) — For-                                                                                                ruling was the latest in a flur-
            mer President Donald Trump                                                                                          ry  of  legal  activity  involving
            must answer questions under                                                                                         Trump and the attorney gen-
            oath in the New York attor-                                                                                         eral's investigation in the last
            ney  general's  civil  investiga-                                                                                   few weeks.
            tion  into  his  business  prac-                                                                                    Last  week,  Trump  paid
            tices,  a  state  appeals  court                                                                                    $110,000  in  fines  and  met
            ruled Thursday, rejecting his                                                                                       several  other  conditions  as
            argument that he be excused                                                                                         he  seeks  to  end  a  contempt
            from  testifying  because  his                                                                                      of  court  order  Engoron  is-
            answers  could  be  used  in  a                                                                                     sued on April 25 after he was
            parallel criminal probe.                                                                                            slow  to  respond  to  another
            A four-judge panel in the ap-                                                                                       subpoena  from  James  seek-
            pellate division of the state's                                                                                     ing documents and other evi-
            trial  court  upheld  Judge  Ar-                                                                                    dence.
            thur  Engoron's  Feb.  17  rul-                                                                                     On  Monday,  James'  of-
            ing, which enforced subpoe-                                                                                         fice  said  it  had  subpoenaed
            nas requiring that Trump and                                                                                        Trump's  longtime  execu-
            his  two  eldest  children  —                                                                                       tive  assistant,  Rhona  Graff,
            Ivanka and Donald Jr. — give                                                                                        and planned to question her
            deposition  testimony  in  At-                                                                                      under oath next week in the
            torney General Letitia James'                                                                                       probe.
            probe.                                                                                                              Meanwhile, a federal judge in
            "The existence of a criminal                                                                                        New York is expected to rule
            investigation  does  not  pre-                                                                                      soon in a lawsuit Trump filed
            clude civil discovery of relat-  "Once again, the courts have  a politically motivated "witch  allowing  the  attorney  gen-  against  James  in  December
            ed facts, at which a party may  ruled  that  Donald  Trump  hunt."                     eral's office to do so, and said  in  an  attempt  to  shut  down
            exercise the privilege against  must comply with our lawful  In  appealing  Engoron's  sub-  the Trumps could always in-  her  investigation.  Trump's
            self-incrimination,"  the  ap-  investigation  into  his  finan-  poena ruling, his lawyers ar-  voke their Fifth Amendment  lawyers want an injunction to
            pellate panel wrote, citing the  cial  dealings,"  James  said  in  gued that James, a Democrat,  right  against  self-incrimina-  halt  the  probe.  James'  office
            Fifth Amendment to the U.S.  a written statement. "We will  was  engaging  in  "selective  tion  —  as  Trump's  son  Eric  is  seeking  to  throw  out  the
            Constitution and other legal  continue  to  follow  the  facts  prosecution."  The  appellate  did  hundreds  of  times  in  a  lawsuit.
            protections for witnesses.   of  this  case  and  ensure  that  panel  rejected  that,  saying  2020 deposition.    At  a  May  13  hearing  in  the
            Lawyers  for  the  Trumps  no one can evade the law."     the investigation was on sol-  Appellate  Court  Judge  Ro-  federal  case,  a  lawyer  for
            agreed  in  March  that  they  James has said her investiga-  id  legal footing and that  the  lando  T.  Acosta  appeared  to  James'  office  said  it  was
            would  sit  for  depositions  tion has uncovered evidence  Trumps showed no evidence  agree with that position, fore-  "nearing  the  end"  of  the
            within  14  days  of  an  appel-  Trump's company, the Trump  they  or  their  company  were  shadowing Thursday's ruling  probe and that "there's clearly
            late panel decision upholding  Organization,  used  "fraudu-  "treated differently" than oth-  as  he  questioned  Futerfas  been a substantial amount of
            Engoron's ruling. They could  lent or misleading" valuations  er  companies  under  similar  from the bench.        evidence"  to  support  a  civil
            also  appeal  the  decision  to  of  assets  like  golf  courses  scrutiny.            Anything  Trump  says  in  a  enforcement  proceeding,  al-
            the  state's  highest  court,  the  and  skyscrapers  to  get  loans  A  lawyer  for  the  Trumps,  civil  deposition  in  James'  though a final determination
            Court  of  Appeals,  delaying  and  tax  benefits.  Ivanka  and  Alan Futerfas, told the appel-  investigation  could  be  used  hasn't been made.
            the  matter  and  the  Trumps'  Donald Trump Jr. have both  late  panel  in  oral  arguments  against  him  in  the  crimi-  Since  James'  investigation
            potential  testimony  indefi-  been executives in the Trump  on  May  11  that  James  ap-  nal probe being overseen by  is  civil  in  nature,  she  could
            nitely.                      Organization and are among  peared to be using civil sub-  Manhattan District Attorney  end up bringing a lawsuit and
            A message seeking comment  their father's most trusted al-  poenas to get around a New  Alvin Bragg.                seeking  financial  penalties
            was left with lawyers for the  lies.                      York  law  that  requires  im-  Last summer, spurred by evi-  against Trump or his compa-
            Trumps.                      The appellate panel, in its rul-  munity  for  people  testifying  dence  uncovered  by  James'  ny, or even a ban on them be-
            James  lauded  the  ruling,  ing,  described  the  investiga-  before a criminal grand jury.  office, the DA's office charged  ing involved in certain types
            which  came  just  two  weeks  tion  as  focusing  on whether  Judith Vale, arguing on behalf  the Trump Organization and  of businesses.
            after  the  appellate  panel  the Trumps "committed per-  of  James'  office,  countered  its  longtime  finance  chief,  That's what happened in Jan-
            heard  oral  arguments  in  the  sistent fraud in their financial  there  was  ample  evidence  Allen  Weisselberg,  with  tax  uary when a judge barred ex-
            case.  She  tweeted  that  her  practices and disclosures."  from  the  civil  investigation  fraud,  alleging  he  collected  drug  company  CEO  Martin
            investigation  "will  continue  Trump, a Republican, denies  to support subpoenas for the  more  than  $1.7  million  in  Shkreli from the pharmaceu-
            undeterred because no one is  the  allegations  and  has  said  Trumps' testimony.     off-the-books compensation.  tical industry for life.
            above the law."              James' investigation in part of  She also cited legal precedent  Weisselberg and the company



                            Justices won't block Biden policy on 'social cost of carbon'


            WASHINGTON            (AP)  from  greenhouse  gas  emis-  use  an  interim  standard  of
            —  The  Supreme  Court  on  sions when creating rules for  $51  in  damages  per  ton  of
            Thursday allowed the Biden  polluting industries.         carbon dioxide emitted while
            administration to use a higher  The  approach  uses  the  "so-  it works to update and possi-
            estimate,  challenged  by  Re-  cial cost of carbon" to calcu-  bly increase the cost per ton.
            publican-led states, for calcu-  late  future  climate  damages  The  $51  figure was  used  by
            lating damages to people and  to justify tougher restrictions  the  Obama  administration
            the environment from green-  for fossil fuels, transportation  before  the  Trump  adminis-
            house gas emissions.         and other industries.        tration cut it to $7.
            The  justices  did  not  com-  The federal appeals court in  By  itself,  the  estimate  does
            ment in refusing to put back  New  Orleans  put  the  order  not impose any new require-
            in place an order from a fed-  on  hold  and  Louisiana  led  ments,  but  it  could  be  used
            eral  judge  in  Louisiana  that  nine states in asking the high  to justify tougher rules. The
            had  blocked  the  administra-  court to in to intervene.  states would be free to chal-
            tion from putting greater em-  The justices' refusal to do so  lenge any new regulations.
            phasis  on  potential  damage  allows  the  administration  to
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