It is unclear whether Trump will answer questions or assert his Fifth Amendment right against self-incrimination during the behind-closed-doors testimony.
Trump said in a post on Truth Social early Wednesday morning that he would be “seeing” James “for a continuation of the greatest Witch Hunt in US history! My great company, and myself, are being attacked from all sides. Banana Republic!”
Some Trump advisers have advocated that the former President answer questions since he previously testified about his financial statements under oath, while others have warned him against providing any answers because of the potential legal jeopardy he may face, people familiar with the matter tell CNN. The Manhattan district attorney has a separate ongoing criminal investigation into the Trump Organization.
Another consideration that has been discussed, the people familiar say, is the political implications of not answering questions as Trump is widely expected to announce that he will run for president in 2024. While campaigning in 2016, Trump suggested not answering questions was a sign of guilt. At a campaign stop in Iowa in 2016, Trump said, “If you’re innocent, why are you taking the Fifth Amendment?”
A lawyer for Trump declined to comment. A representative for the attorney general’s office did not immediately respond to a request for comment.
Trump’s testimony comes near the end of a long running New York state investigation into whether the Trump Organization misled lenders, insurers, and tax authorities by providing them misleading financial statements.
In January, James’ office said it found “significant” evidence indicating the Trump Organization used false or misleading asset valuations in its financial statements to obtain loans, insurance and tax benefits. The attorney general’s civil investigation is nearing the end and a decision on an enforcement action may come soon.
The former President and the Trump Organization have previously denied any wrongdoing and called the civil investigation by James, a Democrat, politically motivated. Both James and Trump have traded public barbs.
Ivanka Trump’s deposition took place last week and Trump Jr. had his deposition in late July, people familiar with the matter said.
Trump Jr., who runs the Trump Organization with his brother Eric Trump, and Ivanka Trump did not assert their Fifth Amendment rights and answered the state’s questions, the people said. It is not clear what they were specifically asked or what they said. Their decision breaks with Eric Trump and former Trump Organization Chief Financial Officer Allen Weisselberg, who both asserted their Fifth Amendment rights more than 500 times when deposed in 2020.
Questions about Trump’s net worth
Trump has been questioned about the accuracy of his net worth and financial statements in previous lawsuits, something some advisers say is one reason why he should answer questions in the current investigation.
Did I inflate values? “Not beyond reason,” Trump said.
In the past Trump has tried to push responsibility for his valuation decisions onto Weisselberg, while at the same time, documents and depositions appear to show that, even as Trump claimed that he left those valuation decisions to others, he was also deeply involved in running his business.
Trump said in the 2007 deposition that the only person he dealt with in preparing the statements of financial condition was Weisselberg.
“I would give my opinion,” Trump said in the deposition. “We’ll talk about it,” he said, adding that “ultimately” and “predominately” it was Weisselberg who came up with the final values, which Trump said he viewed as “conservative.”
When questioned specifically about swings in values from one year to the next Trump had ready explanations.
During the deposition, Trump was questioned about the family compound in Westchester County, New York, called Seven Springs, where its value nearly doubled in one year from $80 million in 2005 to $150 million in 2006.
“The property was valued very low, in my opinion, then and it became very — it just has gone up,” Trump said.
He was asked if he had any basis for that view, other than his own opinion.
“I don’t believe so, no,” he said.
In addition to Weisselberg, two others involved in the preparation of the financial statements, Jeff McConney, the Trump Organization’s controller, and Donald Bender, the real estate firm’s external accountant, have both been interviewed by the attorney general’s office and Manhattan district attorney.
Trump’s lawyers are likely to argue that the financial statements were not audited so anyone relying on them would be on notice. The financial statements reviewed by CNN show they have numerous disclosures indicating that they did not conform with generally accepted accounting principles. In addition, none of the lenders lost money on the transactions, which could make it harder to allege that they were defrauded or misled.
Legal risks to Trump
The depositions pose significant legal risks to the Trumps.
If Trump is sued by James and the case goes to trial, the jury can draw an “adverse inference” against him for not answering questions, which could result in a higher judgment against him if he’s found liable. If he answers questions, it could open the door to potential civil and criminal liability.
The criminal investigation, led by Manhattan District Attorney Alvin Bragg, has slowed down but not stopped. Earlier this year, Bragg would not authorize prosecutors to present evidence before a state grand jury after raising concerns about the strength of the case, CNN has reported. A special grand jury hearing evidence in the case expired in April, but a new one could be settled in the future.
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