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Ivanka Trump (Image via AP, zz/Raoul Gatchalian/STAR MAX/IPx 2020), Justice Arthur Engoron pictured in court (YouTube/ Forbes screengrab)
New York Attorney General Letitia James (D) fired back on Thursday at Ivanka Trump’s motion to quash an attempt to compel her testimony at Donald Trump’s civil fraud trial, arguing that the eldest Trump daughter “remains financially and professionally intertwined.”
On Friday morning, Manhattan Supreme Court Justice Arthur Engoron agreed that Ivanka Trump must testify in the case, in which the judge has already ruled Donald Trump, his older sons, and his family business empire are liable for fraud.
While the judge ultimately concluded that Ivanka Trump does have to testify, that testimony will occur at the earliest on Nov. 1, to give her enough time to appeal, according to The Messenger’s Adam Klasfeld.
“A trial is a search for the truth,” Engoron reportedly remarked before ruling against Ivanka Trump.
Last week, Ivanka Trump’s lawyer Bennet J. Moskowitz accused James of improperly and defectively attempting to compel the testimony of his client even though she isn’t a defendant anymore in the lawsuit, even though she was “not properly served,” and even though three subpoenaed corporate entities TTT Consulting LLC, Ivanka OPO LLC, and 502 Park Project LLC didn’t get to “designate their own witnesses.”
Last night, James rejected the improper service claim and highlighted several “sufficient, ample bases” to compel Ivanka Trump’s testimony, including her still-active financial and professional ties to the Trump Organization.
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“Ms. Trump was served properly at the New York addresses and actual place of business of multiple entities that are under her control; she should be compelled to testify in this proceeding. While no longer a Defendant in this action, she indisputably has personal knowledge of facts relevant to the claims against the remaining individual and entity Defendants,” James’ motion in opposition said. “But even beyond that, Ms. Trump remains financially and professionally intertwined with the Trump Organization and other Defendants and can be called as a person still under their control.”
“Finally, Ms. Trump has been and remains a litigant in the OAG’s concurrent, still active, special proceeding, and appeared in and litigated this action without contesting personal jurisdiction,” the attorney general continued. “These are sufficient, ample bases to compel Ms. Trump’s testimony.”
James also rejected Ivanka Trump’s attempt to split hairs as to whether she was properly served.
“As an initial matter, Ms. Trump tries to draw a distinction between whether the subpoena had been served on her individually or as an officer of the entities addressed beneath her name in the subpoena,” the motion said. “All roads here lead to Rome; regardless of how the subpoenas are parsed, sufficient service was effected to compel Ms. Trump’s testimony, whether individually or as an officer or agent of the corporate entities.”
As an of example of Ivanka Trump and the subpoenaed corporate entities being “financially and professionally intertwined” to the family business, James said that Ivanka OPO LLC’s “Principal Office” is located within the offices of the Trump Organization:
Here, Ms. Trump, as an officer or owner of the entities named in the subpoenas, TTT Consulting LLC and 502 Park Project, LLC, can be compelled to appear in for testimony in New York, where those entities are found. For example, the entity Ivanka OPO LLC was the vehicle through which Ms. Trump exercised her ownership interest in the Old Post Office property. As set forth in its Operating Agreement, the “Principal Office” of Ivanka OPO LLC are the offices of the Trump Organization on Fifth Avenue in Manhattan, where the subpoena was ultimately served.
The AG’s motion in opposition, which you can read here, set the stage for the Friday morning arguments before Justice Engoron.
