Lawyers for Trump asked the appellate court for a stay to spare them from questioning while it considers the matter.
Lawyers for Trump and his two eldest children filed papers on Monday with the appellate division of the state’s trial court, seeking to overturn. They argue ordering the Trumps to testify violates their constitutional rights because their answers could be used in a parallel criminal investigation.
A message seeking comment was left with James’ office. In a statement on Friday, as lawyers for the Trumps were preparing their appeal, the attorney general signaled she was ready for a long fight to get them to testify. “THERE IS NO CASE!” he said, claiming he’s unable to get a fair hearing in New York “because of the hatred of me by Judges and the judiciary” and accusing James’ office of “doing everything within their corrupt discretion to interfere with my business relationships, and with the political process.”
If Engoron’s decision is upheld it could force Trump into a tough decision about whether to answer questions, or stay silent, citing his Fifth Amendment right against self-incrimination. Anything Trump says in a civil deposition could be used against him in the criminal probe being overseen by the Manhattan district attorney’s office.
Last summer, spurred by evidence uncovered in James’ civil investigation, the Manhattan district attorney’s office charged Weisselberg and the Trump Organization with tax fraud, alleging he collected more than $1.7 million in off-the-books compensation. Weisselberg and the company have pleaded not guilty.
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