Donald Trump sues New York Attorney General in bid to end civil investigation

20 December 2021, 16:54

Donald Trump lawsuit
Donald Trump lawsuit. Picture: PA

The former US president filed the lawsuit against Letitia James two weeks after she requested his testimony in court as part of her investigation.

Former US President Donald Trump has sued New York Attorney General Letitia James, seeking to end her civil investigation into his business practices.

In the lawsuit, filed two weeks after Ms James requested that Mr Trump sit for a January 7 deposition, Trump alleges that the investigation has violated his constitutional rights in a “thinly-veiled effort to publicly malign Trump and his associates”.

“Her mission is guided solely by political animus and a desire to harass, intimidate, and retaliate against a private citizen who she views as a political opponent,” the former president’s lawyers wrote in the suit.

Mr Trump, a Republican, seeks a permanent injunction barring Ms James, a Democrat, from investigating him and a declaratory judgment stating that she has violated his rights.

Trump Tower
(Niall Carson/PA)

Messages seeking comment were left with Ms James’s office and Mr Trump’s lawyers. News of the lawsuit, filed in federal court in Albany, was first reported by The New York Times.

Ms James has spent more than two years looking at whether the former president’s company, the Trump Organisation, misled banks or tax officials about the value of assets — inflating them to gain favourable loan terms or minimising them to reap tax savings.

Ms James’s investigators last year interviewed one of Mr Trump’s sons, Eric Trump, who is an executive of the company, as part of the investigation.

Her office went to court to enforce a subpoena on the younger Mr Trump and a judge forced him to testify after his lawyers abruptly cancelled a previously scheduled deposition.

Ms James’s request for the former president’s testimony, first reported on December 9, was the first step in a process that will now probably lead to issuing a subpoena and going to a judge to order him to cooperate if he were to refuse.

Donald Trump protest
A protester wearing a giant Donald Trump head outside Holyrood, Edinburgh, ahead of a debate in the Scottish Parliament to decide if the government should investigate the former president’s financing of Scottish golf courses (Jane Barlow/PA)

It is rare for law enforcement agencies to issue a civil subpoena for testimony from a person who is also the subject of a related criminal investigation. That is partly because the person under criminal investigation could simply cite their Fifth Amendment right to remain silent.

It is unlikely that Trump’s lawyers would allow him to be deposed unless they were sure his testimony could not be used against him in a criminal case.

The Manhattan District Attorney’s office is conducting a parallel criminal investigation into Mr Trump’s business dealings. Although the civil investigation is separate, Ms James’s office has been involved in both.

Earlier this year, Manhattan District Attorney Cyrus Vance Jr. gained access to the real estate mogul’s tax records after a multi-year fight that twice went to the US Supreme Court.

Mr Vance, who is leaving office at the end of the year, recently convened a new grand jury to hear evidence as he weighs up whether to seek more indictments in the investigation, which resulted in tax fraud charges in July against the Trump Organisation and its long-time CFO Allen Weisselberg.

Mr Weisselberg pleaded not guilty to charges alleging that he and the company evaded taxes on lucrative fringe benefits paid to executives.

Both investigations are at least partly related to allegations made in news reports and by Mr Trump’s former personal lawyer, Michael Cohen, that he had a history of misrepresenting the value of assets.

Ms James’s office issued subpoenas to local governments as part of the civil investigation for records pertaining to Mr Trump’s estate north of Manhattan, Seven Springs, and a tax benefit he received for placing land into a conservation trust. Mr Vance later issued subpoenas seeking many of the same records.

Ms James’s office has also been looking at similar issues relating to a Trump office building in New York City, a hotel in Chicago and a golf course near Los Angeles. Her office also won a series of court rulings forcing his company and a law firm it hired to turn over troves of records.

Ms James had announced a run for New York governor in late October, but earlier this month she suspended that campaign and cited ongoing investigations in her decision to instead seek re-election as state attorney general.

By Press Association

Latest World News

See more Latest World News

Recent flooding in Spain has been blamed by many on climate change

UN climate summit 'no longer fit for purpose', activists say after Cop29 host says oil is 'gift from God'

From the world's richest man to a 'vaccine sceptic': Trump picks his radical right-wing cabinet.

From the world's richest man to a 'vaccine sceptic': Trump picks his radical right-wing cabinet

Footage of the turbulence onboard the flight has been posted online

Horror moment screaming air passengers lifted out of seats in extreme turbulence as plane forced to turn back

Residents are moved out of the nursing home where least 10 people have died in a fire in Zaragoza, Spain, Friday, Nov. 15, 2024. (AP Photo/Ferran Mallol )

At least ten dead and more injured in fire at Spanish nursing home

Trump continues to name his cabinet

Trump’s controversial Cabinet - Anti-vax RFK Jr nominated as health chief as defence figures ‘alarmed’ by Gabbard

Portrait Of Shel Talmy

Music producer Shel Talmy, who worked with The Who and David Bowie, dies aged 87

France and Israel fans clash with police in Paris despite ramped up police presence following Amsterdam unrest

France and Israel fans clash amid ramped up police presence in Paris for UEFA Nations League game

Basem Naim, a Hamas leader

Hamas prepared for 'immediate' ceasefire in Gaza but claims Israel has not offered any 'serious proposals' in months

Donald Trump with Matt Gaetz

Trump's pick for US attorney-general faced sex-trafficking investigation by department he's now set to lead

TOPSHOT-PALESTINIAN-ISRAEL-CONFLICT-DISPLACED

Ukraine-style visa scheme for Gaza families proposed by Labour MP

President Joe Biden meets with President-elect Donald Trump in the Oval Office

Donald Trump names ‘reckless’ Matt Gaetz attorney general as president-elect holds historic meeting with Joe Biden

President Joe Biden meets with President-elect Donald Trump in the Oval Office of the White House, Wednesday, Nov. 13, 2024, in Washington. (AP Photo/Evan Vucci)

Trump and Biden 'both really enjoyed seeing each other', claims President-elect after historic meeting at White House

President Trump Speaks at America First Agenda Summit

Who has Trump picked to be in his cabinet so far and who is in the running?

Two women - who were part of a global monkey torture network - have been jailed

Two women jailed after being part of 'sickening and sadistic' monkey torture network

US President Joe Biden shakes hands with US President-elect Donald Trump during a meeting in the Oval Office of the White House in

'Welcome back': Donald Trump returns to the White House to meet Joe Biden and begin transfer of power

Chanel Banks has been missing for over two weeks

Gossip Girl star Chanel Maya Banks missing for two weeks as family launch desperate search