The eldest children of former United States President Donald Trump, Ivanka and Trump Jr., refused to comply with subpoenas issued by the New York Attorney General in relation to their father's real estate business.
The subpoenas are part of a civil investigation that is looking into how the family business valued its holdings. A document that was filed on Monday said that there was a dispute between the OAG and the Individual Trump Parties regarding the subpoenas.
Eldest Trump Children
New York Attorney General Letitia James and an attorney for the Trump Organization jointly filed the document that said Trump Jr. and Ivanka were being named as responders in James's ongoing investigation. The inquiry parallels a criminal investigation conducted by the Manhattan District Attorney's office.
A spokesperson for the AG's office said that as James's investigation into the Trump Organization's financial dealings continues, she is also seeking interviews under oath of Trump, Trump Jr., and Ivanka. However, despite numerous attempts by the Trump Organization to delay the investigation, James' office said it was confident that its questions will be answered to uncover the truth, ABC News reported.
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James's civil investigation focuses on determining whether or not the Trump Organization inflated the value of his assets to secure bank loans and understated them elsewhere to reduce what he pays for his tax bill. The three Trumps were subpoenas by the Attorney General on Dec. 1, with Trump Jr.'s involvement as he helped run the organization during his father's presidency while Ivanka worked in the West Wing as a presidential adviser.
In October 2020, Eric, Trump's younger son, was questioned by James's office regarding matters of the investigation. The Attorney General has the authority to file a civil lawsuit but cannot pursue criminal charges based on her findings. This means that if any of the Trumps get thrown into jail, it will not be because of James.
Trump Organization Investigations
However, the Attorney General also has a hand in a criminal tax-avoidance investigation looking into the Trump Organization that is led by Manhattan District Attorney Alvin Bragg. Last month, former President Trump filed a lawsuit after receiving his subpoena contending that James's investigation was "guided solely by political animus," Yahoo News reported.
Trump's lawsuit also claims that any testimony Trump gives in the civil inquiry might then be used against him in the criminal investigation, which would result in the violation of his Fifth Amendment right against self-incrimination.
Ronald P. Fischetti, a lawyer for Trump, said that James cannot wear two hats and do a civil investigation and a criminal investigation with the D.A. at the same time. He added that the Attorney General was politicizing her role.
Bruce Green, who directs a center for legal ethics at Fordham University, said that the Trump family members would still be able to invoke their right against self-incrimination even if James's office won the right to question them. Green said that the family's lawyers would then have to show that the Attorney General was abusing the civil process to gather evidence for the criminal case, instead of simply stating the claim, the New York Times reported.
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