The Appelate Division, First Judicial Department of the Supreme Court of the State of New York has ruled that Donald Trump, Donald Trump Jr., and Ivanka Trump must testify in Attorney General Letitia James”™ investigation into alleged bank, tax and insurance fraud involving them and the Trump Organization.
The Trumps previously had been ordered to testify by Supreme Court Judge Arthur Engoron and they were appealing his order. The Appelate Court decision was released today.
The court said that Attorney General James acted properly in launching her investigation “after testimony before Congress by Michael Cohen, former Trump Organization senior executive and special counsel, in which Cohen alleged that respondent The Trump Organization, Inc. had issued fraudulent financial statements. This sequence of events suggests that the investigation was lawfully initiated at its outset and well founded, apart from any parallel criminal investigation undertaken by the District Attorney.” The reference was to the criminal investigation launched by former Manhattan District Attorney Cyrus Vance Jr.
The Appelate Court ruling knocked down the Trumps”™ assertion that they had been singled out for prosecution by James.
“To the extent a selective prosecution claim may, in some circumstances, defeat a subpoena in a civil investigation, the court (Judge Engoron) properly rejected appellants”™ arguments. A claim of selective prosecution requires a showing that the law has been administered ”˜with an evil eye and an unequal hand,”™” the Appelate Court said.
In a statement, James said, “Once again, the courts have ruled that Donald Trump must comply with our lawful investigation into his financial dealings. We will continue to follow the facts of this case and ensure that no one can evade the law.”
Among the Trump real estate holdings being looked at in James”™ investigation is the Seven Springs Estate in Westchester.
