Former President Donald Trump will be questioned under oath Wednesday in the New York attorney general’s long-running civil investigation into his dealings as a real estate mogul, he confirmed in a post on his Truth Social account.
Trump’s testimony comes amid a flurry of legal activity surrounding him, taking place just days after FBI agents searched his Mar-a-Lago estate in Florida as part of an unrelated federal probe into whether he took classified records when he left the White House.
The New York civil investigation, led by Attorney General Letitia James, involves allegations that Trump’s company, the Trump Organization, misstated the value of prized assets like golf courses and skyscrapers, misleading lenders and tax authorities.
“In New York City tonight. Seeing racist N.Y.S. Attorney General tomorrow, for a continuation of the greatest Witch Hunt in U.S. history!” Trump wrote on Truth Social, invoking his oft-repeated claims about James, who is Black, and the investigation.
“My great company, and myself, are being attacked from all sides,” Trump added. “Banana Republic!”
Messages seeking comment were left with James’ office and with Trump’s lawyer.
Trump’s testimony is happening at a critical point in James’ investigation, midway through a pivotal week in his post-presidency.
In May, James’ office said that it was nearing the end of its probe and that investigators had amassed substantial evidence that could support legal action, such as a lawsuit, against Trump, his company or both.
Two of Trump’s adult children, Donald Jr. and Ivanka, testified in the investigation in recent days, two people familiar with the matter said. The people were not authorized to speak publicly and did so on condition of anonymity.
The Trumps’ testimony had initially been planned for last month but was delayed after the July 14 death of the former president’s ex-wife, Ivana Trump, the mother of Ivanka, Donald Jr. and another son, Eric Trump, who sat for a deposition in James’ investigation in 2020.
“THERE IS NO CASE!” Trump said in a February statement, after Manhattan Judge Arthur Engoron ruled that James’ office had “the clear right” to question Trump and other principals in his company.
As vociferous as Trump has been in defending himself in written statements and on the rally stage, legal experts say the same strategy could backfire in a deposition setting because anything he says could potentially be used against him or his company in the criminal investigation. No former president has even been charged with a crime.
The former president could choose to do the same, but it’s likely “he’ll claim lack of knowledge on many questions,” New York University law professor Stephen Gillers said.
That could be a successful strategy, since Trump is known as more of a “big-picture guy” Gillers said. “So he’ll answer the big-picture questions and those answers will be general enough to keep him out of trouble, or so his lawyers will hope.”
“On the other hand, his impetuosity makes him a lawyer’s nightmare and his overconfidence may lead him astray. Whoever questions him will encourage that,” the professor added.
Once her investigation wraps up, James could decide to bring a lawsuit and seek financial penalties against Trump or his company, or even a ban on them being involved in certain types of businesses.
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