Sunday 29 October 2023

Donald Trump to testify in New York fraud trial, along with children Ivanka, Donald Jr and Eric.

 Extract from ABC News

Posted 
Donald Trump in a blue suit and tie outside a courtroom
The state is calling Donald Trump and his two sons to the stand before the defence begins its case. ()

Donald Trump is set to testify on November 6 at his New York civil fraud trial, following three of his children to the witness stand in a case that threatens to disrupt their family's real estate empire, state lawyers said on Friday.

It was already expected that the former president and sons Donald Jr and Eric would testify.

The timing became clear on Friday local time, after Judge Arthur Engoron ruled that Mr Trump's daughter Ivanka Trump must also appear, rejecting her bid to avoid testifying.

The schedule sets up a blockbuster stretch in the trial of New York Attorney-General Letitia James's lawsuit.

She alleges that the former president, now the Republican front-runner for 2024, overstated his wealth for years on financial statements that were given to banks, insurers and others to help secure loans and deals.

Mr Trump denies any wrongdoing and has called the trial a politically motivated sham.

The case could strip Trump of some of his corporate holdings and marquee properties such as Trump Tower.

Ms James and Judge Engoron are Democrats.

A woman in a brown coat walks along a fence with another woman behind her and a police officer standing next to her
New York Attorney-General Letitia James (centre) brought the lawsuit against Mr Trump.(AP: Yuki Iwamura)

Donald Trump and his two sons are defendants in the lawsuit, but the state is initially calling them to the stand before the defence begins its case. 

The defence can then call them again.

In a surprise preview, the former US president ended up briefly testifying on Wednesday to answer Judge Engoron's questions about whether an out-of-court comment was aimed at his law clerk.

The judge had earlier barred participants in the trial from talking publicly about court staffers.

Mr Trump said his remark wasn't about the clerk; Judge Engoron called that testimony "not credible" and fined Trump $US10,000 ($15,787), on top of a $US5,000 fine imposed days earlier over an online post about the clerk.

Mr Trump's lawyers paid both fines on his behalf but still might appeal them, according to a court filing.

Ivanka to testify on November 3

Donald Trump Jr is now set to testify next Wednesday, brother Eric on Thursday and sister Ivanka on November 3, though her lawyers may appeal to try to block her testimony.

An appeals court dismissed her as a defendant in the lawsuit in June, saying the claims against her were too old.

Ivanka Trump looking down the camera as she speaks during a video interview
The attorney-general's office claims Ivanka Trump retained a financial interest in the Trump Organization.(AP: House Select Committee, file)

Ivanka Trump announced in January 2017, ahead of her father's inauguration, that she was stepping away from her job as an executive vice-president at the family company, the Trump Organization.

She soon became an unpaid senior adviser in the Trump White House. After her father's term ended, she moved to Florida.

Her lawyer, Bennet Moskowitz, told the judge on Friday that state lawyers "just don't have jurisdiction over her".

One of Mr Trump's attorneys, Christopher Kise, maintained that state lawyers "just want another free-for-all on another of president Trump's children".

"The idea that somehow Ms Trump is under the control of the Trump Organization or any of the defendants, her father; anyone who has raised a daughter past the age of 13 knows that they're not under their control," Mr Kise said.

However, the state's lawyers argued Ms Trump was a key participant in some events discussed in the case and remained financially and professionally intertwined with the family business and its leaders.

Judge Engoron sided with the state, citing documents showing that Ms Trump continued to have ties to some businesses in New York and still owns Manhattan apartments.

"Ms Trump has clearly availed herself of the privilege of doing business in New York," Judge Engoron said.

During her years at the Trump Organization, Ms Trump was involved in negotiating and securing financing for various properties, including a lease and loan for a Washington hotel and loans for Mr Trump's Doral golf resort near Miami and a Trump-owned hotel and condo skyscraper in Chicago, according to court filings.

According to the New York attorney-general's office, Ms Trump retained a financial interest in the Trump Organization's operations even after leaving for the White House, including through an interest in the now-sold Washington hotel.

In court papers that included emails and other documents, the state lawyers said the Trump Organization and its staff also have bought insurance for Ms Trump and her businesses, managed her household staff and credit card bills, rented her apartment and paid her legal fees.

In 2021 federal disclosures, she reported US$2.6 million in income from Trump entities, including revenue from a vehicle known as TTT Consulting LLC.

A company bookkeeper testified that TTT was set up for her and her brothers to reap a share of fees from some licensing agreements.

AP/ABC

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