Ivanka Trump has been ordered by Judge Arthur Engoron to testify in her father's civil fraud trial in New York. The judge rejected the motion from Ivanka Trump's lawyers to dismiss the subpoena for her testimony. However, he did allow her to appeal the ruling and scheduled her testimony for Wednesday at the earliest.
Ivanka Trump's legal representative argued that she should not be compelled to attend the court proceedings following her removal as a defendant by an appellate court.
"Mrs. Trump has unequivocally taken advantage of the opportunity to conduct business in New York," Engoron stated.
The judge further stated that Ivanka Trump ought to have provided a sworn statement declaring that she is currently not residing or working in the state. "It is now too late for her to do so," Engoron added.
After making this ruling, Engoron promptly rejected a subsequent appeal from Chris Kise, the attorney of Donald Trump, to allow a deposition of Ivanka Trump conducted in Florida. "We insist on her physical presence," Engoron emphasized, expressing his preference for receiving testimony directly in court.
Donald and Ivanka Trump's attorneys contend that since 2017, Ivanka Trump has not resided or been employed in New York, therefore asserting that the court lacks jurisdiction over her. They further accuse New York Attorney General Letitia James of seeking her testimony with the aim of generating a sensationalized media event. In response, Kise referred to the subpoena as "persistent harassment of President Trump's children."
Kise stated that the motive behind this was simply to target one of President Trump's children for scrutiny. The intention was to ensure her presence in the courtroom, thereby attracting the media and creating a spectacle akin to a circus. Originally, Ivanka Trump was included as a co-defendant in the lawsuit, alongside Donald Trump, Eric Trump, Donald Trump Jr., and various executives from the Trump Organization. The lawsuit, initiated by James in September of the previous year, accused them of participating in a fraudulent scheme spanning over ten years, which allegedly led to their personal enrichment.
In June, the claims against Ivanka Trump were dismissed by a New York appeals court due to their age. This dismissal was based on the fact that she was not involved in the August 2021 agreement between James office and the Trump Organization, which aimed to extend the statute of limitations. However, the New York attorney general's office still considered Ivanka Trump as a potential witness in the case.
Bennet Moskowitz, Ivanka Trump's attorney, contended that she has not resided or worked regularly in New York since 2017, thus asserting that the court lacks jurisdiction over her. Additionally, he proposed submitting an affidavit, signed by Ivanka herself, affirming this stance.
Moskowitz further argued that Ivanka is no longer a party to this case, and the business entities registered in New York, to which the Attorney General's office sent the subpoena, are also not party to this case.
Trump attorney, Cliff Robert, stated that Eric Trump is prepared to serve as the corporate representative for the Trump Organization, considering his upcoming testimony at the trial.
Kevin Wallace, an attorney from the attorney general's office, contended that Ivanka Trump remains closely linked to the Trump Organization and possesses firsthand information regarding a loan associated with the Old Post Office project in Washington, DC.
The complaint from the attorney general claimed that Ivanka Trump held responsibility for the fraudulent activities linked to a Deutsche Bank loan that was granted to Trump and his company for the development of the Old Post Office project.
According to Wallace, it was Ivanka Trump who oversaw and managed the mentioned project, rather than Eric Trump.
Wallace stated that Ivanka Trump, having benefited financially from the Old Post Office deal, acted in her self-interest while negotiating the loan with Deutsche Bank. Engoron inquired the lawyer representing the attorney general regarding the possibility of narrowing down the range of questions to specifically focus on the Old Post Office loan from Deutsche Bank.
This story and headline have been updated with additional developments.