In a four-page order, the court found that a lower court had “correctly dismissed the appellants’ arguments that the subpoenas issued by the Plenipotentiary Office should be set aside.”
The appeals court said a parallel criminal investigation by the Manhattan attorney general’s office does not prevent New York Attorney General Letitia James, a Democrat, from pursuing her civil investigation, including testimony.
Alan Wouterfas, attorney for Trump Jr. And Ivanka Trump said they were “considering the decision.”
Ronald Fichte, Trump’s attorney, had no immediate comment. Alina Habba, another lawyer for Trump, could not be immediately reached. The Trump family can appeal the ruling.
The ruling comes just two weeks after the Appeals Committee raised its doubts during oral arguments about the filing dispute. During the hearing, Judge Rolando Acosta asked Trump’s attorneys about their Fifth Amendment right not to answer questions: “What’s stopping you from just invoking it? Why do we need to interfere in this case or limit the power of the attorney general?”
The Trumps argued that James was trying to end the grand jury process, in which witnesses were granted immunity from transactions for their testimony in New York. The lower court judge rejected that argument, saying they could invoke the fifth ruling, a ruling that the appeals court agreed to.
It is not clear whether the Trumps will answer specific questions when they are deposed. In a civil case, a jury can draw a “negative conclusion” and hold it against individuals who do not answer the questions.
Eric Trump was impeached by the New York Attorney General’s office and refused to answer questions, asserting his Fifth Amendment right against self-incrimination more than 500 times.
On Thursday, James praised the appeals court’s decision.
“A court has once again ruled in our favour and ordered to appear before my office to testify under oath, Donald Trump, Donald Trump Jr and Ivanka Trump. Our investigation will continue unchecked because no one is above the law,” James wrote on Twitter. In response to the ruling.