Ivanka Trump will be compelled to give testimony at her father's civil fraud trial in New York, according to a ruling made by Judge Arthur Engoron on Friday. Despite a motion from Ivanka Trump's legal team to quash the subpoena for her testimony, the judge denied the motion. However, he did provide her with the opportunity to appeal his ruling and specified that her testimony should not be scheduled before Wednesday to allow for this.
Ivanka Trump's attorney contended that she should not be compelled to attend court proceedings following the appellate court's decision to dismiss her as a defendant in the case.
"Ms. Trump undeniably benefited from conducting business activities in New York," stated Engoron.
The judge also mentioned that Ivanka Trump should have provided an affidavit confirming that she is not currently residing or working in the state. "Only she has the information to clarify that, but it is now too late," stated Engoron.
After making his decision, Engoron promptly rejected a subsequent plea from Donald Trump's lawyer, Chris Kise, to allow a deposition of Ivanka Trump conducted in Florida. "We would prefer her to be physically present," added Engoron, emphasizing his preference for live courtroom testimony.
Next week, it is anticipated that Donald Trump's children will be summoned to testify, while the former president may be called upon to testify the following week, as stated by the attorney general's office during the court session on Friday. The attorney general's team is reaching the conclusion of their witness list for the civil fraud trial involving Trump, Donald Trump Jr., Eric Trump, and other co-defendants.
The team of attorney generals presented their case in open court on Friday, outlining the remaining aspects. They will also be given the opportunity to summon additional witnesses during the rebuttal case, following Trump's defense case in the later stages of the trial.
According to the AGs lawyers, Donald Trump Jr., Eric Trump, and Ivanka Trump are anticipated to testify for a full day each, commencing from Wednesday. However, it is worth noting that Ivanka Trump's testimony may be contingent upon the outcome of her appeal.
After that, the attorney generals office expects to call Trump as its final witness the week of November 6.
The witness schedule can always change or be shifted, so the dates are not set.
Trump attorneys say Ivanka testimony creating another circus day
The attorneys representing Donald and Ivanka Trump contended that Ivanka Trump has been residing and employed outside of New York since 2017. Therefore, they contend that the court lacks jurisdiction over her. Additionally, they accused New York Attorney General Letitia James of summoning her testimony with the intention of generating a sensationalized media event.
Kise denounced the subpoena as a form of ongoing harassment against President Trump's children. He accused the prosecutors of simply seeking another opportunity to subject one of Trump's children to public scrutiny, turning the courtroom into a spectacle for the media.
Ivanka Trump was originally named as a co-defendant in a $250 million lawsuit filed in September. The suit alleged that Ivanka, along with Donald Trump, Eric Trump, Donald Trump Jr., and several other Trump Organization executives, were involved in a fraud scheme over the span of a decade, which aimed to enrich themselves. However, in June, a New York appeals court removed Ivanka Trump as a co-defendant. The court determined that the claims against her were outdated, as she was not included in an agreement reached in August 2021 between James' office and the Trump Organization to extend the time limit for legal action.
Bennet Moskowitz, Ivanka Trump's lawyer, contended that since 2017, she has not resided or worked regularly in New York. Thus, he maintained that the court lacks jurisdiction over her. Additionally, Moskowitz proposed submitting an affidavit, duly signed by Ivanka, attesting to these facts.
Moskowitz further argued that Ivanka is no longer a participant in this lawsuit, and the business entities based in New York, to which the Attorney General's office issued the subpoena, are also not involved in this case.
Cliff Robert, another attorney representing Trump, revealed that Eric Trump is eager to serve as the corporate representative for the Trump Organization since he will already be testifying in court.
Kevin Wallace, a lawyer from the attorney general's office, contended that Ivanka Trump remains closely connected to the Trump Organization and possesses firsthand information regarding a loan related to the Old Post Office project in Washington, DC.
The attorney general's complaint stated that Ivanka Trump was responsible for the fraudulent activities surrounding the Deutsche Bank loan issued to Trump and his company for the Old Post Office project. "It was Ivanka Trump who managed that project, not Eric Trump," Wallace confirmed.
Ivanka Trump's personal gain from the Old Post Office deal led to her acting in her own interest during the negotiation of the loan with Deutsche Bank, according to Wallace.
Engoron inquired with the attorney general's lawyer about the possibility of narrowing down the scope of her questioning to focus solely on the Old Post Office loan from Deutsche Bank.
This story and headline have been updated with additional developments.