Judge denies motion to purge Trump’s contempt ruling, fine $10,000 a day

NEW YORK (AP) — A New York judge on Friday denied a motion by former President Donald Trump’s legal team to purge a civil contempt of court judgment and the accompanying $10,000-a-day fine.

Judge Arthur Engoron held Trump in contempt for failing to comply with a subpoena for evidence in the state attorney general’s civil investigation into his dealings.

Trump, in an affidavit, said he did not have documents requested by the New York Attorney General’s Office, but Judge Engoron was not satisfied and denied the motion.

“To the best of my knowledge, (i) I do not have any of the documents requested in the summons dated December 1, 2021 in my personal possession; and (ii) if there are any documents that respond to the summons, I believe it would be to be in the possession or custody of the Trump Organization,” Trump’s affidavit said. “At all relevant times, I have authorized, and continue to authorize, the release of a response document to the Office of the Attorney General.”

However, the judge was undeterred and refused to lift the sanctions. Additionally, Engoron criticized the lack of detail in Trump’s two-paragraph affidavit, saying he should have explained the methods he uses to store his records and the efforts he made to locate the subpoenaed files.

In separate affidavits, Trump’s attorneys, Alina Habba and Michael Madaio, detailed the steps they took to locate the documents in the Dec. 1 subpoena, including a meeting with Trump last month in Mar-a-Lago, Florida. and review of previous searches in your company files.

Andrew Amer, an attorney for the Attorney General’s Office, said in a court filing that while the affidavits “provide additional information” about Trump’s efforts to comply with the subpoena, more extensive searches were needed, including at Trump Tower. their residences and electronic devices. devices – before the judge considers revoking the contempt sentence.

Habba filed a notice of appeal Wednesday with the appellate division of the state trial court seeking to overturn Engoron’s contempt ruling. Trump is also challenging Engoron’s February 17 ruling requiring him to answer questions under oath. Oral arguments in that appeal are scheduled for May 11.

“Today’s events have made it overwhelmingly clear that this case no longer has anything to do with the proper application of legal principles governing disclosure of discovery,” Habba said after the ruling. “The Court completely disregarded the detailed affidavits that demonstrate the meticulous efforts made to carry out this search. This Court has wrongfully held my client in contempt for a violation he did not commit solely because the Attorney General’s Office found it ‘insufficient’ without any basis. The tactics employed by this Court, including the dramatic gavel, statements addressed to our client from the witness stand, and direct comments to the press have reduced this hearing to a public spectacle. the improper application of the law and the facts by the court”.

Attorney General Letitia James has said her investigation has uncovered evidence that Trump may have misstated the value of assets such as skyscrapers and golf courses in his financial statements for more than a decade. Her December 1 subpoena from him sought numerous documents, including documents and communications related to his financial statements and various development projects.
James asked Engoron to hold Trump in contempt after he failed to file any documents by the court’s March 31 deadline. In his ruling, Engoron said Trump and his attorneys not only failed to meet the deadline, they also failed to document the steps they had taken to search for the documents, as required by case law.

Trump is suing James in federal court in an effort to stop his investigation. Oral arguments in that matter are scheduled for May 13.

Trump recently called her a “Democratic Party operative” and has said in written statements that her investigation and a parallel criminal investigation overseen by Manhattan District Attorney Alvin Bragg are “a continuation of the greatest witch hunt of all time.” time”.

Bragg said this month that the three-year criminal investigation he inherited in January from his predecessor, Cyrus Vance Jr., continues “without fear or favour” despite a recent shake-up in the investigation’s leadership. Trump’s attorneys contend that James is using his civil investigation to gain access to information that could later be used against him in the criminal investigation.

So far, the district attorney’s investigation has only resulted in tax fraud charges against the Trump Organization and its chief financial officer, Allen Weisselberg, in connection with lucrative fringe benefits like rent, car payments and school tuition. The company and Weisselberg have pleaded not guilty.

(The Associated Press contributed to this report)